In the House of Representatives, U. S., 
December 6, 2007. 
Resolved, That the House agree to the amendments of 
the Senate to the bill (H.R. 6) entitled ‘‘An Act to reduce 
our Nation’s dependency on foreign oil by investing in clean, 
renewable, and alternative energy resources, promoting new 
emerging energy technologies, developing greater efficiency, 
and creating a Strategic Energy Efficiency and Renewables 
Reserve to invest in alternative energy, and for other pur-
poses’’, with the following 
HOUSE AMENDMENTS TO SENATE AMENDMENTS: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate to the text of the bill, insert 
the following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘En-
ergy Independence and Security Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Relationship to other law. 
TITLE I—ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL 
ECONOMY 
Subtitle A—Increased Corporate Average Fuel Economy Standards 
Sec. 101. Short title. 
Sec. 102. Average fuel economy standards for automobiles and certain other vehi-
cles. 
Sec. 103. Definitions.
Sec. 104. Credit trading program. 
Sec. 105. Consumer information. 
Sec. 106. Continued applicability of existing standards. 
Sec. 107. National Academy of Sciences studies. 
Sec. 108. National Academy of Sciences study of medium-duty and heavy-duty 
truck fuel economy. 
Sec. 109. Extension of flexible fuel vehicle credit program. 
Sec. 110. Periodic review of accuracy of fuel economy labeling procedures. 
Sec. 111. Consumer tire information. 
Sec. 112. Use of civil penalties for research and development. 
Sec. 113. Exemption from separate calculation requirement. 
Subtitle B—Improved Vehicle Technology 
Sec. 131. Transportation electrification. 
Sec. 132. Domestic manufacturing conversion grant program. 
Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992. 
Sec. 134. Loan guarantees for fuel-efficient automobile parts manufacturers. 
Sec. 135. Advanced battery loan guarantee program. 
Sec. 136. Advanced technology vehicles manufacturing incentive program. 
Subtitle C—Federal Vehicle Fleets 
Sec. 141. Federal vehicle fleets. 
Sec. 142. Federal fleet conservation requirements. 
TITLE II—ENERGY SECURITY THROUGH INCREASED PRODUCTION 
OF BIOFUELS 
Subtitle A—Renewable Fuel Standard 
Sec. 201. Definitions. 
Sec. 202. Renewable fuel standard. 
Sec. 203. Study of impact of Renewable Fuel Standard. 
Sec. 204. Environmental and resource conservation impacts. 
Sec. 205. Biomass based diesel and biodiesel labeling. 
Sec. 206. Study of credits for use of renewable electricity in electric vehicles. 
Sec. 207. Grants for production of advanced biofuels. 
Sec. 208. Integrated consideration of water quality in determinations on fuels 
and fuel additives. 
Sec. 209. Anti-backsliding. 
Sec. 210. Effective date, savings provision, and transition rules. 
Subtitle B—Biofuels Research and Development 
Sec. 221. Biodiesel. 
Sec. 222. Biogas. 
Sec. 223. Grants for biofuel production research and development in certain 
States. 
Sec. 224. Biorefinery energy efficiency. 
Sec. 225. Study of optimization of flexible fueled vehicles to use E–85 fuel. 
Sec. 226. Study of engine durability and performance associated with the use of 
biodiesel. 
Sec. 227. Study of optimization of biogas used in natural gas vehicles. 
Sec. 228. Algal biomass. 
Sec. 229. Biofuels and biorefinery information center. 
Sec. 230. Cellulosic ethanol and biofuels research.
Sec. 231. Bioenergy research and development, authorization of appropriation. 
Sec. 232. Environmental research and development. 
Sec. 233. Bioenergy research centers. 
Sec. 234. University based research and development grant program. 
Subtitle C—Biofuels Infrastructure 
Sec. 241. Prohibition on franchise agreement restrictions related to renewable fuel 
infrastructure. 
Sec. 242. Renewable fuel dispenser requirements. 
Sec. 243. Ethanol pipeline feasibility study. 
Sec. 244. Renewable fuel infrastructure grants. 
Sec. 245. Study of the adequacy of transportation of domestically-produced re-
newable fuel by railroads and other modes of transportation. 
Sec. 246. Federal fleet fueling centers. 
Sec. 247. Standard specifications for biodiesel. 
Sec. 248. Biofuels distribution and advanced biofuels infrastructure. 
Subtitle D—Environmental Safeguards 
Sec. 251. Waiver for fuel or fuel additives. 
TITLE III—ENERGY SAVINGS THROUGH IMPROVED STANDARDS 
FOR APPLIANCE AND LIGHTING 
Subtitle A—Appliance Energy Efficiency 
Sec. 301. External power supply efficiency standards. 
Sec. 302. Updating appliance test procedures. 
Sec. 303. Residential boilers. 
Sec. 304.
Furnace fan standard process. 
Sec. 305. Improving schedule for standards updating and clarifying State author-
ity. 
Sec. 306. Regional standards for furnaces, central air conditioners, and heat 
pumps. 
Sec. 307. Procedure for prescribing new or amended standards. 
Sec. 308. Expedited rulemakings. 
Sec. 309. Battery chargers. 
Sec. 310. Standby mode. 
Sec. 311. Energy standards for home appliances. 
Sec. 312. Walk-in coolers and walk-in freezers. 
Sec. 313. Electric motor efficiency standards. 
Sec. 314. Standards for single package vertical air conditioners and heat pumps. 
Sec. 315. Improved energy efficiency for appliances and buildings in cold cli-
mates. 
Sec. 316. Technical corrections. 
Subtitle B—Lighting Energy Efficiency 
Sec. 321. Efficient light bulbs. 
Sec. 322. Incandescent reflector lamp efficiency standards. 
Sec. 323. Public building energy efficient and renewable energy systems. 
Sec. 324. Metal halide lamp fixtures. 
Sec. 325. Energy efficiency labeling for consumer electronic products. 
TITLE IV—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY 
Sec. 401. Definitions.
Subtitle A—Residential Building Efficiency 
Sec. 411. Reauthorization of weatherization assistance program. 
Sec. 412. Study of renewable energy rebate programs. 
Sec. 413. Energy code improvements applicable to manufactured housing. 
Subtitle B—High-Performance Commercial Buildings 
Sec. 421. Commercial high-performance green buildings. 
Sec. 422. Zero Net Energy Commercial Buildings Initiative. 
Sec. 423. Public outreach. 
Subtitle C—High-Performance Federal Buildings 
Sec. 431. Energy reduction goals for Federal buildings. 
Sec. 432. Management of energy and water efficiency in Federal buildings. 
Sec. 433. Federal building energy efficiency performance standards. 
Sec. 434. Management of Federal building efficiency . 
Sec. 435. Leasing. 
Sec. 436. High-performance green Federal buildings. 
Sec. 437. Federal green building performance. 
Sec. 438. Storm water runoff requirements for Federal development projects. 
Sec. 439. Cost-effective technology acceleration program. 
Sec. 440. Authorization of appropriations. 
Sec. 441. Public building life-cycle costs. 
Subtitle D—Industrial Energy Efficiency 
Sec. 451. Industrial energy efficiency. 
Sec. 452. Energy-intensive industries program. 
Sec. 453. Energy efficiency for data center buildings. 
Subtitle E—Healthy High-Performance Schools 
Sec. 461. Healthy high-performance schools. 
Sec. 462. Study on indoor environmental quality in schools. 
Subtitle F—Institutional Entities 
Sec. 471. Energy sustainability and efficiency grants and loans for institutions. 
Subtitle G—Public and Assisted Housing 
Sec. 481. Application of International Energy Conservation Code to public and 
assisted housing. 
Subtitle H—General Provisions 
Sec. 491. Demonstration project. 
Sec. 492. Research and development. 
Sec. 493. Environmental Protection Agency demonstration grant program for 
local governments. 
Sec. 494. Green Building Advisory Committee. 
Sec. 495. Advisory Committee on Energy Efficiency Finance.
TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC 
INSTITUTIONS 
Subtitle A—United States Capitol Complex 
Sec. 501. Capitol complex photovoltaic roof feasibility studies. 
Sec. 502. Capitol complex E–85 refueling station. 
Sec. 503. Energy and environmental measures in Capitol complex master plan. 
Sec. 504. Promoting maximum efficiency in operation of Capitol power plant. 
Sec. 505. Capitol power plant carbon dioxide emissions feasibility study and 
demonstration projects. 
Subtitle B—Energy Savings Performance Contracting 
Sec. 511. Authority to enter into contracts; reports. 
Sec. 512. Financing flexibility. 
Sec. 513. Promoting long-term energy savings performance contracts and 
verifying savings. 
Sec. 514. Permanent reauthorization. 
Sec. 515. Definition of energy savings. 
Sec. 516. Retention of savings. 
Sec. 517. Training Federal contracting officers to negotiate energy efficiency con-
tracts. 
Sec. 518. Study of energy and cost savings in nonbuilding applications. 
Subtitle C—Energy Efficiency in Federal Agencies 
Sec. 521. Installation of photovoltaic system at Department of Energy head-
quarters building. 
Sec. 522. Prohibition on incandescent lamps by Coast Guard. 
Sec. 523. Standard relating to solar hot water heaters. 
Sec. 524. Federally-procured appliances with standby power. 
Sec. 525. Federal procurement of energy efficient products. 
Sec. 526. Procurement and acquisition of alternative fuels. 
Sec. 527. Government efficiency status reports. 
Sec. 528. OMB government efficiency reports and scorecards. 
Sec. 529. Electricity sector demand response. 
Subtitle D—Energy Efficiency of Public Institutions 
Sec. 531. Reauthorization of State energy programs. 
Sec. 532. Utility energy efficiency programs. 
Subtitle E—Energy Efficiency and Conservation Block Grants 
Sec. 541. Definitions. 
Sec. 542. Energy Efficiency and Conservation Block Grant Program. 
Sec. 543. Allocation of funds. 
Sec. 544. Use of funds. 
Sec. 545. Requirements for eligible entities. 
Sec. 546. Competitive grants. 
Sec. 547. Review and evaluation. 
Sec. 548. Funding.
TITLE VI—ACCELERATED RESEARCH AND DEVELOPMENT 
Subtitle A—Solar Energy 
Sec. 601. Short title. 
Sec. 602. Thermal energy storage research and development program. 
Sec. 603. Concentrating solar power commercial application studies. 
Sec. 604. Solar energy curriculum development and certification grants. 
Sec. 605. Daylighting systems and direct solar light pipe technology. 
Sec. 606. Solar Air Conditioning Research and Development Program. 
Sec. 607. Photovoltaic demonstration program. 
Subtitle B—Geothermal Energy 
Sec. 611. Short title. 
Sec. 612. Definitions. 
Sec. 613. Hydrothermal research and development. 
Sec. 614. General geothermal systems research and development. 
Sec. 615. Enhanced geothermal systems research and development. 
Sec. 616. Geothermal energy production from oil and gas fields and recovery and 
production of geopressured gas resources. 
Sec. 617. Cost sharing and proposal evaluation. 
Sec. 618. Center for geothermal technology transfer. 
Sec. 619. GeoPowering America. 
Sec. 620. Educational pilot program. 
Sec. 621. Reports. 
Sec. 622. Applicability of other laws. 
Sec. 623. Authorization of appropriations. 
Sec. 624. International geothermal energy development. 
Sec. 625. High cost region geothermal energy grant program. 
Subtitle C—Marine and Hydrokinetic Renewable Energy Technologies 
Sec. 631. Short title. 
Sec. 632. Definition. 
Sec. 633. Marine and hydrokinetic renewable energy research and development. 
Sec. 634. National Marine Renewable Energy Research, Development, and Dem-
onstration Centers. 
Sec. 635. Applicability of other laws. 
Sec. 636. Authorization of appropriations. 
Subtitle D—Energy Storage for Transportation and Electric Power 
Sec. 641. Energy storage competitiveness. 
Subtitle E—Miscellaneous Provisions 
Sec. 651. Lightweight materials research and development. 
Sec. 652. Commercial insulation demonstration program. 
Sec. 653. Technical criteria for clean coal power Initiative. 
Sec. 654. H-Prize. 
Sec. 655. Bright Tomorrow Lighting Prizes. 
Sec. 656. Renewable Energy innovation manufacturing partnership.
TITLE VII—CARBON CAPTURE AND SEQUESTRATION 
Subtitle A—Carbon Capture and Sequestration Research, Development, and 
Demonstration 
Sec. 701. Short title. 
Sec. 702. Carbon capture and sequestration research, development, and dem-
onstration program. 
Sec. 703. Carbon capture. 
Sec. 704. Review of large-scale programs. 
Sec. 705. Geologic sequestration training and research. 
Sec. 706. Relation to Safe Drinking Water Act. 
Sec. 707. Safety research. 
Sec. 708. University based research and development grant program. 
Subtitle B—Carbon Capture and Sequestration Assessment and Framework 
Sec. 711. Carbon dioxide sequestration capacity assessment. 
Sec. 712. Assessment of carbon sequestration and methane and nitrous oxide 
emissions from ecosystems. 
Sec. 713. Carbon dioxide sequestration inventory. 
Sec. 714. Framework for geological carbon sequestration on public land. 
TITLE VIII—IMPROVED MANAGEMENT OF ENERGY POLICY 
Subtitle A—Management Improvements 
Sec. 801. National media campaign. 
Sec. 802. Alaska Natural Gas Pipeline administration. 
Sec. 803. Renewable energy deployment. 
Sec. 804. Coordination of planned refinery outages. 
Sec. 805. Assessment of resources. 
Sec. 806. Sense of Congress relating to the use of renewable resources to generate 
energy. 
Sec. 807. Geothermal assessment, exploration information, and priority activities. 
Subtitle B—Prohibitions on Market Manipulation and False Information 
Sec. 811. Prohibition on market manipulation. 
Sec. 812. Prohibition on false information. 
Sec. 813. Enforcement by the Federal Trade Commission. 
Sec. 814. Penalties. 
Sec. 815. Effect on other laws. 
TITLE IX—INTERNATIONAL ENERGY PROGRAMS 
Sec. 901. Definitions. 
Subtitle A—Assistance to Promote Clean and Efficient Energy Technologies in 
Foreign Countries 
Sec. 911. United States assistance for developing countries. 
Sec. 912. United States exports and outreach programs for India, China, and 
other countries. 
Sec. 913. United States trade missions to encourage private sector trade and in-
vestment. 
Sec. 914. Actions by Overseas Private Investment Corporation. 
Sec. 915. Actions by United States Trade and Development Agency.
Sec. 916. Deployment of international clean and efficient energy technologies and 
investment in global energy markets. 
Sec. 917. United States-Israel energy cooperation. 
Subtitle B—International Clean Energy Foundation 
Sec. 921. Definitions. 
Sec. 922. Establishment and management of Foundation. 
Sec. 923. Duties of Foundation. 
Sec. 924. Annual report. 
Sec. 925. Powers of the Foundation; related provisions. 
Sec. 926. General personnel authorities. 
Sec. 927. Authorization of appropriations. 
Subtitle C—Miscellaneous Provisions 
Sec. 931. Energy diplomacy and security within the Department of State. 
Sec. 932. National Security Council reorganization. 
Sec. 933. Annual national energy security strategy report. 
Sec. 934. Convention on Supplementary Compensation for Nuclear Damage con-
tingent cost allocation. 
Sec. 935. Transparency in extractive industries resource payments. 
TITLE X—GREEN JOBS 
Sec. 1001. Short title. 
Sec. 1002. Energy efficiency and renewable energy worker training program. 
TITLE XI—ENERGY TRANSPORTATION AND INFRASTRUCTURE 
Subtitle A—Department of Transportation 
Sec. 1101. Office of Climate Change and Environment. 
Subtitle B—Railroads 
Sec. 1111. Advanced technology locomotive grant pilot program. 
Sec. 1112. Capital grants for class II and class III railroads. 
Subtitle C—Marine Transportation 
Sec. 1121. Short sea transportation initiative. 
Sec. 1122. Short sea shipping eligibility for capital construction fund. 
Sec. 1123. Short sea transportation report. 
Subtitle D—Highways 
Sec. 1131. Increased Federal share for CMAQ projects. 
Sec. 1132. Distribution of rescissions. 
Sec. 1133. Sense of Congress regarding use of complete streets design techniques. 
TITLE XII—SMALL BUSINESS ENERGY PROGRAMS 
Sec. 1201. Express loans for renewable energy and energy efficiency. 
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient 
technologies. 
Sec. 1203. Small business energy efficiency. 
Sec. 1204. Larger 504 loan limits to help business develop energy efficient tech-
nologies and purchases.
Sec. 1205. Energy saving debentures. 
Sec. 1206. Investments in energy saving small businesses. 
Sec. 1207. Renewable fuel capital investment company. 
Sec. 1208. Study and report. 
TITLE XIII—SMART GRID 
Sec. 1301. Statement of policy on modernization of electricity grid. 
Sec. 1302. Smart grid system report. 
Sec. 1303. Smart grid advisory committee and smart grid task force. 
Sec. 1304. Smart grid technology research, development, and demonstration. 
Sec. 1305. Smart grid interoperability framework. 
Sec. 1306. Federal matching fund for smart grid investment costs. 
Sec. 1307. State consideration of smart grid. 
Sec. 1308. Study of the effect of private wire laws on the development of combined 
heat and power facilities. 
Sec. 1309. DOE study of security attributes of smart grid systems. 
TITLE XIV—RENEWABLE ELECTRICITY STANDARD 
Sec. 1401. Renewable electricity standard. 
TITLE XV—CLEAN RENEWABLE ENERGY AND CONSERVATION TAX 
ACT OF 2007 
Sec. 1500. Short title; amendment of 1986 Code. 
Subtitle A—Clean Renewable Energy Production Incentives 
PART I—PROVISIONS RELATING TO RENEWABLE ENERGY 
Sec. 1501. Extension and modification of renewable energy credit. 
Sec. 1502. Production credit for electricity produced from marine renewables. 
Sec. 1503. Extension and modification of energy credit. 
Sec. 1504. Extension and modification of credit for residential energy efficient 
property. 
Sec. 1505. Extension and modification of special rule to implement FERC and 
State electric restructuring policy. 
Sec. 1506. New clean renewable energy bonds. 
PART II—PROVISIONS RELATING TO CARBON MITIGATION AND COAL 
Sec. 1507. Expansion and modification of advanced coal project investment cred-
it. 
Sec. 1508. Expansion and modification of coal gasification investment credit. 
Sec. 1509. Seven-year applicable recovery period for depreciation of qualified car-
bon dioxide pipeline property. 
Sec. 1510. Special rules for refund of the coal excise tax to certain coal producers 
and exporters. 
Sec. 1511. Extension of temporary increase in coal excise tax. 
Sec. 1512. Carbon audit of the tax code. 
Subtitle B—Transportation and Domestic Fuel Security 
PART I—BIOFUELS 
Sec. 1521. Credit for production of cellulosic biomass alcohol.
Sec. 1522. Expansion of special allowance to cellulosic biomass alcohol fuel plant 
property. 
Sec. 1523. Modification of alcohol credit. 
Sec. 1524. Extension and modification of credits for biodiesel and renewable die-
sel. 
Sec. 1525. Clarification of eligibility for renewable diesel credit. 
Sec. 1526. Provisions clarifying treatment of fuels with no nexus to the United 
States. 
Sec. 1527. Comprehensive study of biofuels. 
PART II—ADVANCED TECHNOLOGY MOTOR VEHICLES 
Sec. 1528. Credit for new qualified plug-in electric drive motor vehicles. 
Sec. 1529. Exclusion from heavy truck tax for idling reduction units and ad-
vanced insulation. 
PART III—OTHER TRANSPORTATION PROVISIONS 
Sec. 1530. Restructuring of New York Liberty Zone tax credits. 
Sec. 1531. Extension of transportation fringe benefit to bicycle commuters. 
Subtitle C—Energy Conservation and Efficiency 
PART I—CONSERVATION TAX CREDIT BONDS 
Sec. 1541. Qualified energy conservation bonds. 
Sec. 1542. Qualified forestry conservation bonds. 
PART II—EFFICIENCY 
Sec. 1543. Extension and modification of energy efficient existing homes credit. 
Sec. 1544. Extension and modification of energy efficient commercial buildings 
deduction. 
Sec. 1545. Modifications of energy efficient appliance credit for appliances pro-
duced after 2007. 
Sec. 1546. Seven-year applicable recovery period for depreciation of qualified en-
ergy management devices. 
Subtitle D—Other Provisions 
PART I—FORESTRY PROVISIONS 
Sec. 1551. Deduction for qualified timber gain. 
Sec. 1552. Excise tax not applicable to section 1203 deduction of real estate in-
vestment trusts. 
Sec. 1553. Timber REIT modernization. 
Sec. 1554. Mineral royalty income qualifying income for timber REITs. 
Sec. 1555. Modification of taxable REIT subsidiary asset test for timber REITs. 
Sec. 1556. Safe harbor for timber property. 
PART II—EXXON VALDEZ 
Sec. 1557. Income averaging for amounts received in connection with the Exxon 
Valdez litigation. 
Subtitle E—Revenue Provisions 
Sec. 1561. Limitation of deduction for income attributable to domestic production 
of oil, gas, or a primary products thereof.
Sec. 1562. Elimination of the different treatment of foreign oil and gas extraction 
income and foreign oil related income for purposes of the foreign 
tax credit. 
Sec. 1563. Seven-year amortization of geological and geophysical expenditures for 
certain major integrated oil companies. 
Sec. 1564. Broker reporting of customer’s basis in securities transactions. 
Sec. 1565. Extension of additional 0.2 percent FUTA surtax. 
Sec. 1566. Termination of treatment of natural gas distribution lines as 15-year 
property. 
Sec. 1567. Time for payment of corporate estimated taxes. 
Sec. 1568. Modification of penalty for failure to file partnership returns. 
Subtitle F—Secure Rural Schools 
Sec. 1571. Secure rural schools and community self-determination program. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. RELATIONSHIP TO OTHER LAW. 
Except to the extent expressly provided in this Act or 
an amendment made by this Act, nothing in this Act or 
an amendment made by this Act supersedes, limits the au-
thority provided or responsibility conferred by, or author-
izes any violation of any provision of law (including a reg-
ulation), including any energy or environmental law or 
regulation.
TITLE 
I—ENERGY 
SECURITY 
THROUGH IMPROVED VEHI-
CLE FUEL ECONOMY 
Subtitle A—Increased Corporate 
Average Fuel Economy Standards 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ten-in-Ten Fuel 
Economy Act’’. 
SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTO-
MOBILES AND CERTAIN OTHER VEHICLES. 
(a) INCREASED STANDARDS.—Section 32902 of title 
49, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘NON-PASSENGER AUTO-
MOBILES.—’’ and inserting ‘‘PRESCRIPTION OF 
STANDARDS BY REGULATION.—’’; 
(B) by striking ‘‘(except passenger auto-
mobiles)’’ in subsection (a); and 
(C) by striking the last sentence; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) STANDARDS FOR AUTOMOBILES AND CERTAIN 
OTHER VEHICLES.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation, after consultation with the Secretary of En-
ergy and the Administrator of the Environmental 
Protection Agency, shall prescribe separate average 
fuel economy standards for— 
‘‘(A) passenger automobiles manufactured 
by manufacturers in each model year beginning 
with model year 2011 in accordance with this 
subsection; 
‘‘(B) non-passenger automobiles manufac-
tured by manufacturers in each model year be-
ginning with model year 2011 in accordance 
with this subsection; 
‘‘(C) work trucks in accordance with sub-
section (k); and 
‘‘(D) commercial medium-duty or heavy- 
duty on-highway vehicles in accordance with 
subsection (l). 
‘‘(2) FUEL
ECONOMY
STANDARDS
FOR
AUTO-
MOBILES.— 
‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE 
FOR
MODEL
YEARS
2011
THROUGH
2020.—The 
Secretary shall prescribe a separate average fuel 
economy standard for passenger automobiles and 
a separate average fuel economy standard for 
non-passenger automobiles for each model year 
beginning with model year 2011 to achieve a
combined fuel economy average for model year 
2020 of at least 35 miles per gallon for the total 
fleet of passenger and non-passenger automobiles 
manufactured for sale in the United States for 
that model year. 
‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE 
FOR
MODEL
YEARS
2021
THROUGH
2030.—For 
model years 2021 through 2030, the average fuel 
economy required to be attained by each fleet of 
passenger and non-passenger automobiles manu-
factured for sale in the United States shall be the 
maximum feasible average fuel economy stand-
ard for each fleet for that model year. 
‘‘(C) PROGRESS
TOWARD
STANDARD
RE-
QUIRED.—In prescribing average fuel economy 
standards under subparagraph (A), the Sec-
retary shall prescribe annual fuel economy 
standard increases that increase the applicable 
average fuel economy standard ratably beginning 
with model year 2011 and ending with model 
year 2020. 
‘‘(3) AUTHORITY OF THE SECRETARY.—The Sec-
retary shall— 
‘‘(A) prescribe by regulation separate aver-
age fuel economy standards for passenger and
non-passenger automobiles based on 1 or more 
vehicle attributes related to fuel economy and ex-
press each standard in the form of a mathe-
matical function; and 
‘‘(B) issue regulations under this title pre-
scribing average fuel economy standards for at 
least 1, but not more than 5, model years. 
‘‘(4) MINIMUM STANDARD.—In addition to any 
standard prescribed pursuant to paragraph (3), each 
manufacturer shall also meet the minimum standard 
for domestically manufactured passenger automobiles, 
which shall be the greater of— 
‘‘(A) 27.5 miles per gallon; or 
‘‘(B) 92 percent of the average fuel economy 
projected by the Secretary for the combined do-
mestic and non-domestic passenger automobile 
fleets manufactured for sale in the United States 
by all manufacturers in the model year, which 
projection shall be published in the Federal Reg-
ister when the standard for that model year is 
promulgated in accordance with this section.’’; 
and 
(3) in subsection (c)—
(A) by striking ‘‘(1) Subject to paragraph 
(2) of this subsection, the’’ and inserting ‘‘The’’; 
and 
(B) by striking paragraph (2). 
(b) FUEL ECONOMY STANDARD FOR WORK TRUCKS.— 
Section 32902 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(k) WORK TRUCKS.— 
‘‘(1) STUDY.—Not later than 1 year after the 
date of the enactment of the Ten-in-Ten Fuel Econ-
omy Act, the Secretary of Transportation, in con-
sultation with the Secretary of Energy and the Ad-
ministrator of the Environmental Protection Agency, 
shall examine the fuel efficiency of work trucks and 
determine— 
‘‘(A) the appropriate test procedures and 
methodologies for measuring the fuel efficiency of 
work trucks; 
‘‘(B) the appropriate metric for measuring 
and expressing work truck fuel efficiency per-
formance, taking into consideration, among other 
things, the work performed by work trucks and 
types of operations in which they are used; 
‘‘(C) the range of factors, including, without 
limitation, design, functionality, use, duty cycle,
infrastructure, and total overall energy consump-
tion and operating costs that affect work truck 
fuel efficiency; and 
‘‘(D) such other factors and conditions that 
could have an impact on a program to improve 
work truck fuel efficiency. 
‘‘(2) RULEMAKING.—Not later than 24 months 
after completion of the study required under para-
graph (1), the Secretary, in consultation with the Sec-
retary of Energy and the Administrator of the Envi-
ronmental Protection Agency, by regulation, shall de-
termine in a rulemaking proceeding how to imple-
ment a work truck fuel efficiency improvement pro-
gram designed to achieve the maximum feasible im-
provement, and shall adopt and implement appro-
priate test methods, measurement metrics, fuel econ-
omy standards, and compliance and enforcement pro-
tocols that are appropriate, cost-effective, and techno-
logically feasible for work trucks. Any fuel economy 
standard prescribed under this section shall be pre-
scribed at least 18 months before the model year to 
which it applies. The Secretary may prescribe sepa-
rate standards for different classes of vehicles under 
this subsection.’’.
(c) FUEL ECONOMY STANDARD FOR COMMERCIAL ME-
DIUM-DUTY AND HEAVY-DUTY ON-HIGHWAY VEHICLES.— 
Section 32902 of title 49, United States Code, as amended 
by subsection (b), is further amended by adding at the end 
the following: 
‘‘(l) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON- 
HIGHWAY VEHICLES.— 
‘‘(1) STUDY.—Not later than 1 year after the 
National Academy of Sciences publishes the results of 
its study under section 108 of the Ten-in-Ten Fuel 
Economy Act, the Secretary of Transportation, in 
consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection Agen-
cy, shall examine the fuel efficiency of commercial 
medium- and heavy-duty on-highway vehicles and de-
termine— 
‘‘(A) the appropriate test procedures and 
methodologies for measuring the fuel efficiency of 
such vehicles; 
‘‘(B) the appropriate metric for measuring 
and expressing commercial medium- and heavy- 
duty on-highway vehicle fuel efficiency perform-
ance, taking into consideration, among other 
things, the work performed by such on-highway
vehicles and types of operations in which they 
are used; 
‘‘(C) the range of factors, including, without 
limitation, design, functionality, use, duty cycle, 
infrastructure, and total overall energy consump-
tion and operating costs that affect commercial 
medium- and heavy-duty on-highway vehicle fuel 
efficiency; and 
‘‘(D) such other factors and conditions that 
could have an impact on a program to improve 
commercial medium- and heavy-duty on-high-
way vehicle fuel efficiency. 
‘‘(2) RULEMAKING.—Not later than 24 months 
after completion of the study required under para-
graph (1), the Secretary, in consultation with the Sec-
retary of Energy and the Administrator of the Envi-
ronmental Protection Agency, by regulation, shall de-
termine in a rulemaking proceeding how to imple-
ment a commercial medium- and heavy-duty on-high-
way vehicle fuel efficiency improvement program de-
signed to achieve the maximum feasible improvement, 
and shall adopt and implement appropriate test 
methods, measurement metrics, fuel economy stand-
ards, and compliance and enforcement protocols that 
are appropriate, cost-effective, and technologically fea-
sible for commercial medium- and heavy-duty on- 
highway vehicles. Any fuel economy standard pre-
scribed under this section shall be prescribed at least 
18 months before the model year to which it applies. 
The Secretary may prescribe separate standards for 
different classes of vehicles under this subsection. 
‘‘(3) LEAD-TIME; REGULATORY STABILITY.—The 
first commercial medium- and heavy-duty on-high-
way vehicle fuel efficiency regulatory program adopt-
ed pursuant to this subsection shall provide not less 
than— 
‘‘(A) 4 full model years of regulatory lead- 
time; and 
‘‘(B) 3 full model years of regulatory sta-
bility.’’. 
SEC. 103. DEFINITIONS. 
(a) IN GENERAL.—Section 32901(a) of title 49, United 
States Code, is amended— 
(1) by striking paragraph (3) and inserting the 
following: 
‘‘(3) except as provided in section 32908 of this 
title, ‘automobile’ means a 4-wheeled vehicle that is 
propelled by fuel, or by alternative fuel, manufactured 
primarily for use on public streets, roads, and high-
ways and rated at less than 10,000 pounds gross vehi-
cle weight, except— 
‘‘(A) a vehicle operated only on a rail line; 
‘‘(B) a vehicle manufactured in different 
stages by 2 or more manufacturers, if no inter-
mediate or final-stage manufacturer of that vehi-
cle manufactures more than 10,000 multi-stage 
vehicles per year; or 
‘‘(C) a work truck.’’; 
(2) by redesignating paragraphs (7) through (16) 
as paragraphs (8) through (17), respectively; 
(3) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) ‘commercial medium- and heavy-duty on- 
highway vehicle’ means an on-highway vehicle with a 
gross vehicle weight rating of 10,000 pounds or 
more.’’; 
(4) in paragraph (9)(A), as redesignated, by in-
serting ‘‘or a mixture of biodiesel and diesel fuel meet-
ing the standard established by the American Society 
for Testing and Materials or under section 211(u) of 
the Clean Air Act (42 U.S.C. 7545(u)) for fuel con-
taining 20 percent biodiesel (commonly known as 
‘B20’)’’ after ‘‘alternative fuel’’;
‘‘(g) CREDIT TRANSFERRING WITHIN
A MANUFAC-
TURER’S FLEET.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall establish by regulation a fuel economy 
credit transferring program to allow any manufac-
turer whose automobiles exceed any of the average fuel 
economy standards prescribed under section 32902 to 
transfer the credits earned under this section and to 
apply such credits within that manufacturer’s fleet to 
a compliance category of automobiles that fails to 
achieve the prescribed standards. 
‘‘(2) YEARS FOR WHICH USED.—Credits trans-
ferred under this subsection are available to be used 
in the same model years that the manufacturer could 
have applied such credits under subsections (a), (b), 
(d), and (e), as well as for the model year in which 
the manufacturer earned such credits. 
‘‘(3) MAXIMUM INCREASE.—The maximum in-
crease in any compliance category attributable to 
transferred credits is— 
‘‘(A) for model years 2011 through 2013, 
1.0 mile per gallon; 
‘‘(B) for model years 2014 through 2017, 
1.5 miles per gallon; and
‘‘(C) for model year 2018 and subsequent 
model years, 2.0 miles per gallon. 
‘‘(4) LIMITATION.—The transfer of credits by a 
manufacturer to the category of passenger automobiles 
manufactured domestically is limited to the extent 
that the fuel economy level of such automobiles shall 
comply 
with 
the 
requirements 
under 
section 
32904(b)(4), without regard to any transfer of credits 
from other categories of automobiles described in 
paragraph (6)(B). 
‘‘(5) YEARS AVAILABLE.—A credit may be trans-
ferred under this subsection only if it is earned after 
model year 2010. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) FLEET.—The term ‘fleet’ means all 
automobiles manufactured by a manufacturer in 
a particular model year. 
‘‘(B) COMPLIANCE
CATEGORY
OF
AUTO-
MOBILES.—The term ‘compliance category of 
automobiles’ means any of the following 3 cat-
egories of automobiles for which compliance is 
separately calculated under this chapter: 
‘‘(i) Passenger automobiles manufac-
tured domestically.
‘‘(ii) Passenger automobiles not manu-
factured domestically. 
‘‘(iii) Non-passenger automobiles.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) LIMITATIONS.—Section 32902(h) of title 49, 
United States Code, is amended— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) may not consider, when prescribing a fuel 
economy standard, the trading, transferring, or avail-
ability of credits under section 32903.’’. 
(2) 
SEPARATE
CALCULATIONS.—Section 
32904(b)(1)(B) is amended by striking ‘‘chapter.’’ 
and inserting ‘‘chapter, except for the purposes of sec-
tion 32903.’’. 
SEC. 105. CONSUMER INFORMATION. 
Section 32908 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(g) CONSUMER INFORMATION.— 
‘‘(1) PROGRAM.—The Secretary of Transpor-
tation, in consultation with the Secretary of Energy 
and the Administrator of the Environmental Protec-
tion Agency, shall develop and implement by rule a 
program to require manufacturers— 
‘‘(A) to label new automobiles sold in the 
United States with— 
‘‘(i) information reflecting an auto-
mobile’s performance on the basis of criteria 
that the Administrator shall develop, not 
later than 18 months after the date of the 
enactment of the Ten-in-Ten Fuel Economy 
Act, to reflect fuel economy and greenhouse 
gas and other emissions over the useful life 
of the automobile; 
‘‘(ii) a rating system that would make 
it easy for consumers to compare the fuel 
economy and greenhouse gas and other 
emissions of automobiles at the point of 
purchase, including a designation of auto-
mobiles— 
‘‘(I) with the lowest greenhouse 
gas emissions over the useful life of the 
vehicles; and 
‘‘(II) the highest fuel economy; 
and
‘‘(iii) a permanent and prominent dis-
play that an automobile is capable of oper-
ating on an alternative fuel; and 
‘‘(B) to include in the owner’s manual for 
vehicles capable of operating on alternative fuels 
information that describes that capability and 
the benefits of using alternative fuels, including 
the renewable nature and environmental benefits 
of using alternative fuels. 
‘‘(2) CONSUMER EDUCATION.— 
‘‘(A) 
IN
GENERAL.—The 
Secretary 
of 
Transportation, in consultation with the Sec-
retary of Energy and the Administrator of the 
Environmental Protection Agency, shall develop 
and implement by rule a consumer education 
program to improve consumer understanding of 
automobile performance described in paragraph 
(1)(A)(i) and to inform consumers of the benefits 
of using alternative fuel in automobiles and the 
location of stations with alternative fuel capac-
ity. 
‘‘(B) FUEL
SAVINGS
EDUCATION
CAM-
PAIGN.—The Secretary of Transportation shall 
establish a consumer education campaign on the 
fuel savings that would be recognized from the
purchase of vehicles equipped with thermal man-
agement technologies, including energy efficient 
air conditioning systems and glass. 
‘‘(3) FUEL
TANK
LABELS
FOR
ALTERNATIVE 
FUEL
AUTOMOBILES.—The Secretary of Transpor-
tation shall by rule require a label to be attached to 
the fuel compartment of vehicles capable of operating 
on alternative fuels, with the form of alternative fuel 
stated on the label. A label attached in compliance 
with the requirements of section 32905(h) is deemed 
to meet the requirements of this paragraph. 
‘‘(4) RULEMAKING DEADLINE.—The Secretary of 
Transportation shall issue a final rule under this sub-
section not later than 42 months after the date of the 
enactment of the Ten-in-Ten Fuel Economy Act.’’. 
SEC. 106. CONTINUED APPLICABILITY OF EXISTING STAND-
ARDS. 
Nothing in this subtitle, or the amendments made by 
this subtitle, shall be construed to affect the application of 
section 32902 of title 49, United States Code, to passenger 
automobiles or non-passenger automobiles manufactured be-
fore model year 2011. 
SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall execute an agreement with the National Acad-
emy of Sciences to develop a report evaluating vehicle fuel 
economy standards, including— 
(1) an assessment of automotive technologies and 
costs to reflect developments since the Academy’s 2002 
report evaluating the corporate average fuel economy 
standards was conducted; 
(2) an analysis of existing and potential tech-
nologies that may be used practically to improve 
automobile and medium-duty and heavy-duty truck 
fuel economy; 
(3) an analysis of how such technologies may be 
practically integrated into the automotive and me-
dium-duty and heavy-duty truck manufacturing 
process; and 
(4) an assessment of how such technologies may 
be used to meet the new fuel economy standards under 
chapter 329 of title 49, United States Code, as 
amended by this subtitle. 
(b) REPORT.—The Academy shall submit the report to 
the Secretary, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Energy 
and Commerce of the House of Representatives, with its 
findings and recommendations not later than 5 years after
scribed under section 32902(l) of title 49, United 
States Code, as amended by this subtitle; and 
(5) associated costs and other impacts on the op-
eration of medium-duty and heavy-duty trucks, in-
cluding congestion. 
(b) REPORT.—The Academy shall submit the report to 
the Secretary, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Energy 
and Commerce of the House of Representatives, with its 
findings and recommendations not later than 1 year after 
the date on which the Secretary executes the agreement with 
the Academy. 
SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT 
PROGRAM. 
(a) IN GENERAL.—Section 32906 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 32906. Maximum fuel economy increase for alter-
native fuel automobiles 
‘‘(a) IN GENERAL.—For each of model years 1993 
through 2019 for each category of automobile (except an 
electric automobile), the maximum increase in average fuel 
economy for a manufacturer attributable to dual fueled 
automobiles is— 
‘‘(1) 1.2 miles a gallon for each of model years 
1993 through 2014;
‘‘(2) 1.0 miles per gallon for model year 2015; 
‘‘(3) 0.8 miles per gallon for model year 2016; 
‘‘(4) 0.6 miles per gallon for model year 2017; 
‘‘(5) 0.4 miles per gallon for model year 2018; 
‘‘(6) 0.2 miles per gallon for model year 2019; 
and 
‘‘(7) 0 miles per gallon for model years after 
2019. 
‘‘(b) CALCULATION.—In applying subsection (a), the 
Administrator of the Environmental Protection Agency 
shall determine the increase in a manufacturer’s average 
fuel economy attributable to dual fueled automobiles by sub-
tracting from the manufacturer’s average fuel economy cal-
culated under section 32905(e) the number equal to what 
the manufacturer’s average fuel economy would be if it were 
calculated by the formula under section 32904(a)(1) by in-
cluding as the denominator for each model of dual fueled 
automobiles the fuel economy when the automobiles are op-
erated on gasoline or diesel fuel.’’. 
(b) CONFORMING AMENDMENTS.—Section 32905 of 
title 49, United States Code, is amended— 
(1) in subsection (b), by striking ‘‘1993-2010,’’ 
and inserting ‘‘1993 through 2019,’’; 
(2) in subsection (d), by striking ‘‘1993-2010,’’ 
and inserting ‘‘1993 through 2019,’’;
(3) by striking subsections (f) and (g); and 
(4) by redesignating subsection (h) as subsection 
(f). 
(c) B20 BIODIESEL FLEXIBLE FUEL CREDIT.—Sec-
tion 32905(b)(2) of title 49, United States Code, is amended 
to read as follows: 
‘‘(2) .5 divided by the fuel economy— 
‘‘(A) measured under subsection (a) when 
operating the model on alternative fuel; or 
‘‘(B) measured based on the fuel content of 
B20 when operating the model on B20, which is 
deemed to contain 0.15 gallon of fuel.’’. 
SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECON-
OMY LABELING PROCEDURES. 
Beginning in December, 2009, and not less often than 
every 5 years thereafter, the Administrator of the Environ-
mental Protection Agency, in consultation with the Sec-
retary of Transportation, shall— 
(1) reevaluate the fuel economy labeling proce-
dures described in the final rule published in the Fed-
eral Register on December 27, 2006 (71 Fed. Reg. 
77,872; 40 C.F.R. parts 86 and 600) to determine 
whether changes in the factors used to establish the la-
beling procedures warrant a revision of that process; 
and
(2) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House 
of Representatives that describes the results of the re-
evaluation process. 
SEC. 111. CONSUMER TIRE INFORMATION. 
(a) IN GENERAL.—Chapter 323 of title 49, United 
States Code, is amended by inserting after section 32304 
the following: 
‘‘§ 32304A. Consumer tire information 
‘‘(a) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 24 months 
after the date of enactment of the Ten-in-Ten Fuel 
Economy Act, the Secretary of Transportation shall, 
after notice and opportunity for comment, promulgate 
rules establishing a national tire fuel efficiency con-
sumer information program for replacement tires de-
signed for use on motor vehicles to educate consumers 
about the effect of tires on automobile fuel efficiency, 
safety, and durability. 
‘‘(2) ITEMS
INCLUDED
IN
RULE.—The rule-
making shall include— 
‘‘(A) a national tire fuel efficiency rating 
system for motor vehicle replacement tires to as-
sist consumers in making more educated tire 
purchasing decisions; 
‘‘(B) requirements for providing informa-
tion to consumers, including information at the 
point of sale and other potential information 
dissemination methods, including the Internet; 
‘‘(C) specifications for test methods for 
manufacturers to use in assessing and rating 
tires to avoid variation among test equipment 
and manufacturers; and 
‘‘(D) a national tire maintenance consumer 
education program including, information on 
tire inflation pressure, alignment, rotation, and 
tread wear to maximize fuel efficiency, safety, 
and durability of replacement tires. 
‘‘(3) APPLICABILITY.—This section shall apply 
only to replacement tires covered under section 
575.104(c) of title 49, Code of Federal Regulations, in 
effect on the date of the enactment of the Ten-in-Ten 
Fuel Economy Act. 
‘‘(b) CONSULTATION.—The Secretary shall consult 
with the Secretary of Energy and the Administrator of the 
Environmental Protection Agency on the means of con-
veying tire fuel efficiency consumer information.
‘‘(c) REPORT TO CONGRESS.—The Secretary shall con-
duct periodic assessments of the rules promulgated under 
this section to determine the utility of such rules to con-
sumers, the level of cooperation by industry, and the con-
tribution to national goals pertaining to energy consump-
tion. The Secretary shall transmit periodic reports detail-
ing the findings of such assessments to the Senate Com-
mittee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Energy and Com-
merce. 
‘‘(d) TIRE MARKING.—The Secretary shall not require 
permanent labeling of any kind on a tire for the purpose 
of tire fuel efficiency information. 
‘‘(e) APPLICATION WITH STATE AND LOCAL LAWS AND 
REGULATIONS.—Nothing in this section prohibits a State 
or political subdivision thereof from enforcing a law or reg-
ulation on tire fuel efficiency consumer information that 
was in effect on January 1, 2006. After a requirement pro-
mulgated under this section is in effect, a State or political 
subdivision thereof may adopt or enforce a law or regula-
tion on tire fuel efficiency consumer information enacted 
or promulgated after January 1, 2006, if the requirements 
of that law or regulation are identical to the requirement 
promulgated under this section. Nothing in this section 
shall be construed to preempt a State or political subdivi-
sion thereof from regulating the fuel efficiency of tires (in-
cluding establishing testing methods for determining com-
pliance with such standards) not otherwise preempted 
under this chapter.’’. 
(b) ENFORCEMENT.—Section 32308 of title 49, United 
States Code, is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d)and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) SECTION 32304A.—Any person who fails to com-
ply with the national tire fuel efficiency information pro-
gram under section 32304A is liable to the United States 
Government for a civil penalty of not more than $50,000 
for each violation.’’. 
(c) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 323 of title 49, United States Code, is amended 
by inserting after the item relating to section 32304 the fol-
lowing: 
‘‘32304A. Consumer tire information’’. 
SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DE-
VELOPMENT. 
Section 32912 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 2008 
and each fiscal year thereafter, from the total amount de-
posited in the general fund of the Treasury during the pre-
ceding fiscal year from fines, penalties, and other funds ob-
tained through enforcement actions conducted pursuant to 
this section (including funds obtained under consent de-
crees), the Secretary of the Treasury, subject to the avail-
ability of appropriations, shall— 
‘‘(1) transfer 50 percent of such total amount to 
the account providing appropriations to the Secretary 
of Transportation for the administration of this chap-
ter, which shall be used by the Secretary to support 
rulemaking under this chapter; and 
‘‘(2) transfer 50 percent of such total amount to 
the account providing appropriations to the Secretary 
of Transportation for the administration of this chap-
ter, which shall be used by the Secretary to carry out 
a program to make grants to manufacturers for re-
tooling, reequipping, or expanding existing manufac-
turing facilities in the United States to produce ad-
vanced technology vehicles and components.’’. 
SEC. 113. EXEMPTION FROM SEPARATE CALCULATION RE-
QUIREMENT. 
(a) REPEAL.—Paragraphs (6), (7), and (8) of section 
32904(b) of title 49, United States Code, are repealed. 
(b) EFFECT OF REPEAL ON EXISTING EXEMPTIONS.— 
Any exemption granted under section 32904(b)(6) of title
49, United States Code, prior to the date of the enactment 
of this Act shall remain in effect subject to its terms through 
model year 2013. 
(c) ACCRUAL AND USE OF CREDITS.—Any manufac-
turer holding an exemption under section 32904(b)(6) of 
title 49, United States Code, prior to the date of the enact-
ment of this Act may accrue and use credits under sections 
32903 and 32905 of such title begining with model year 
2011. 
Subtitle B—Improved Vehicle 
Technology 
SEC. 131. TRANSPORTATION ELECTRIFICATION. 
(a) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) BATTERY.—The term ‘‘battery’’ means an 
electrochemical energy storage system powered di-
rectly by electrical current. 
(3) ELECTRIC TRANSPORTATION TECHNOLOGY.— 
The 
term 
‘‘electric 
transportation 
technology’’ 
means— 
(A) technology used in vehicles that use an 
electric motor for all or part of the motive power 
of the vehicles, including battery electric, hybrid
electric, plug-in hybrid electric, fuel cell, and 
plug-in fuel cell vehicles, or rail transportation; 
or 
(B) equipment relating to transportation or 
mobile sources of air pollution that use an elec-
tric motor to replace an internal combustion en-
gine for all or part of the work of the equipment, 
including— 
(i) corded electric equipment linked to 
transportation or mobile sources of air pol-
lution; and 
(ii) electrification technologies at air-
ports, ports, truck stops, and material-han-
dling facilities. 
(4) NONROAD VEHICLE.—The term ‘‘nonroad ve-
hicle’’ means a vehicle— 
(A) powered— 
(i) by a nonroad engine, as that term 
is defined in section 216 of the Clean Air 
Act (42 U.S.C. 7550); or 
(ii) fully or partially by an electric 
motor powered by a fuel cell, a battery, or 
an off-board source of electricity; and 
(B) that is not a motor vehicle or a vehicle 
used solely for competition.
(5) PLUG-IN
ELECTRIC
DRIVE
VEHICLE.—The 
term ‘‘plug-in electric drive vehicle’’ means a vehicle 
that— 
(A) draws motive power from a battery 
with a capacity of at least 4 kilowatt-hours; 
(B) can be recharged from an external 
source of electricity for motive power; and 
(C) is a light-, medium-, or heavy-duty 
motor vehicle or nonroad vehicle (as those terms 
are defined in section 216 of the Clean Air Act 
(42 U.S.C. 7550)). 
(6) 
QUALIFIED
ELECTRIC
TRANSPORTATION 
PROJECT.—The term ‘‘qualified electric transpor-
tation project’’ means an electric transportation tech-
nology project that would significantly reduce emis-
sions of criteria pollutants, greenhouse gas emissions, 
and petroleum, including— 
(A) shipside or shoreside electrification for 
vessels; 
(B) truck-stop electrification; 
(C) electric truck refrigeration units; 
(D) battery powered auxiliary power units 
for trucks; 
(E) electric airport ground support equip-
ment;
(F) electric material and cargo handling 
equipment; 
(G) electric or dual-mode electric rail; 
(H) any distribution upgrades needed to 
supply electricity to the project; and 
(I) any ancillary infrastructure, including 
panel upgrades, battery chargers, in-situ trans-
formers, and trenching. 
(b) PLUG-IN ELECTRIC DRIVE VEHICLE PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish a competitive program to provide grants on a 
cost-shared basis to State governments, local govern-
ments, metropolitan transportation authorities, air 
pollution control districts, private or nonprofit enti-
ties, or combinations of those governments, authori-
ties, districts, and entities, to carry out 1 or more 
projects to encourage the use of plug-in electric drive 
vehicles or other emerging electric vehicle technologies, 
as determined by the Secretary. 
(2) ADMINISTRATION.—The Secretary shall, in 
consultation with the Secretary of Transportation 
and the Administrator, establish requirements for ap-
plications for grants under this section, including re-
porting of data to be summarized for dissemination 
to grantees and the public, including safety, vehicle,
and component performance, and vehicle and compo-
nent life cycle costs. 
(3) PRIORITY.—In making awards under this 
subsection, the Secretary shall— 
(A) give priority consideration to applica-
tions that— 
(i) encourage early widespread use of 
vehicles described in paragraph (1); and 
(ii) are likely to make a significant 
contribution to the advancement of the pro-
duction of the vehicles in the United States; 
and 
(B) ensure, to the maximum extent prac-
ticable, that the program established under this 
subsection includes a variety of applications, 
manufacturers, and end-uses. 
(4) REPORTING.—The Secretary shall require a 
grant recipient under this subsection to submit to the 
Secretary, on an annual basis, data relating to safety, 
vehicle performance, life cycle costs, and emissions of 
vehicles demonstrated under the grant, including 
emissions of greenhouse gases. 
(5) COST SHARING.—Section 988 of the Energy 
Policy Act of 2005 (42 U.S.C. 16352) shall apply to 
a grant made under this subsection.
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $90,000,000 for each of fiscal years 
2008 through 2012, of which not less than 1⁄3 of the 
total amount appropriated shall be available each fis-
cal year to make grants to local and municipal gov-
ernments. 
(c) NEAR-TERM TRANSPORTATION SECTOR ELEC-
TRIFICATION PROGRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Transportation 
and the Administrator, shall establish a program to 
provide grants for the conduct of qualified electric 
transportation projects. 
(2) PRIORITY.—In providing grants under this 
subsection, the Secretary shall give priority to large- 
scale projects and large-scale aggregators of projects. 
(3) COST SHARING.—Section 988 of the Energy 
Policy Act of 2005 (42 U.S.C. 16352) shall apply to 
a grant made under this subsection. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $95,000,000 for each of fiscal years 
2008 through 2013.
(d) EDUCATION PROGRAM.— 
(1) IN GENERAL.—The Secretary shall develop a 
nationwide electric drive transportation technology 
education program under which the Secretary shall 
provide— 
(A) teaching materials to secondary schools 
and high schools; and 
(B) assistance for programs relating to elec-
tric drive system and component engineering to 
institutions of higher education. 
(2) ELECTRIC VEHICLE COMPETITION.—The pro-
gram established under paragraph (1) shall include a 
plug-in hybrid electric vehicle competition for institu-
tions of higher education, which shall be known as the 
‘‘Dr. Andrew Frank Plug-In Electric Vehicle Com-
petition’’. 
(3) ENGINEERS.—In carrying out the program 
established under paragraph (1), the Secretary shall 
provide financial assistance to institutions of higher 
education to create new, or support existing, degree 
programs to ensure the availability of trained elec-
trical and mechanical engineers with the skills nec-
essary for the advancement of— 
(A) plug-in electric drive vehicles; and
(B) other forms of electric drive transpor-
tation technology vehicles. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums as 
may be necessary to carry out this subsection. 
SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT 
PROGRAM. 
Section 712 of the Energy Policy Act of 2005 (42 
U.S.C. 16062) is amended to read as follows: 
‘‘SEC. 
712. 
DOMESTIC 
MANUFACTURING 
CONVERSION 
GRANT PROGRAM. 
‘‘(a) PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a program to encourage domestic production and 
sales of efficient hybrid and advanced diesel vehicles 
and components of those vehicles. 
‘‘(2) INCLUSIONS.—The program shall include 
grants to automobile manufacturers and suppliers 
and hybrid component manufacturers to encourage 
domestic production of efficient hybrid, plug-in elec-
tric hybrid, plug-in electric drive, and advanced die-
sel vehicles. 
‘‘(3) PRIORITY.—Priority shall be given to the 
refurbishment or retooling of manufacturing facilities
that have recently ceased operation or will cease oper-
ation in the near future. 
‘‘(b) COORDINATION WITH STATE AND LOCAL PRO-
GRAMS.—The Secretary may coordinate implementation of 
this section with State and local programs designed to ac-
complish similar goals, including the retention and retrain-
ing of skilled workers from the manufacturing facilities, in-
cluding by establishing matching grant arrangements. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary such sums 
as may be necessary to carry out this section.’’. 
SEC. 133. INCLUSION OF ELECTRIC DRIVE IN ENERGY POL-
ICY ACT OF 1992. 
Section 508 of the Energy Policy Act of 1992 (42 
U.S.C. 13258) is amended— 
(1) by redesignating subsections (a) through (d) 
as subsections (b) through (e), respectively; 
(2) by inserting before subsection (b) the fol-
lowing: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) FUEL CELL ELECTRIC VEHICLE.—The term 
‘fuel cell electric vehicle’ means an on-road or 
nonroad vehicle that uses a fuel cell (as defined in sec-
tion 803 of the Spark M. Matsunaga Hydrogen Act 
of 2005 (42 U.S.C. 16152)).
‘‘(2) HYBRID
ELECTRIC
VEHICLE.—The term 
‘hybrid electric vehicle’ means a new qualified hybrid 
motor vehicle (as defined in section 30B(d)(3) of the 
Internal Revenue Code of 1986). 
‘‘(3) MEDIUM- OR HEAVY-DUTY ELECTRIC VEHI-
CLE.—The term ‘medium- or heavy-duty electric vehi-
cle’ means an electric, hybrid electric, or plug-in hy-
brid electric vehicle with a gross vehicle weight of 
more than 8,501 pounds. 
‘‘(4) NEIGHBORHOOD ELECTRIC VEHICLE.—The 
term ‘neighborhood electric vehicle’ means a 4-wheeled 
on-road or nonroad vehicle that— 
‘‘(A) has a top attainable speed in 1 mile 
of more than 20 mph and not more than 25 mph 
on a paved level surface; and 
‘‘(B) is propelled by an electric motor and 
on-board, rechargeable energy storage system that 
is rechargeable using an off-board source of elec-
tricity. 
‘‘(5) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 
term ‘plug-in electric drive vehicle’ means a vehicle 
that— 
‘‘(A) draws motive power from a battery 
with a capacity of at least 4 kilowatt-hours;
‘‘(B) can be recharged from an external 
source of electricity for motive power; and 
‘‘(C) is a light-, medium-, or heavy duty 
motor vehicle or nonroad vehicle (as those terms 
are defined in section 216 of the Clean Air Act 
(42 U.S.C. 7550).’’; 
(3) in subsection (b) (as redesignated by para-
graph (1))— 
(A) by striking ‘‘The Secretary’’ and insert-
ing the following: 
‘‘(1) ALLOCATION.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) ELECTRIC VEHICLES.—Not later than Jan-
uary 31, 2009, the Secretary shall— 
‘‘(A) allocate credit in an amount to be de-
termined by the Secretary for— 
‘‘(i) acquisition of— 
‘‘(I) a hybrid electric vehicle; 
‘‘(II) a plug-in electric drive vehi-
cle; 
‘‘(III) a fuel cell electric vehicle; 
‘‘(IV) a neighborhood electric vehi-
cle; or 
‘‘(V) a medium- or heavy-duty 
electric vehicle; and
‘‘(ii) investment in qualified alter-
native fuel infrastructure or nonroad equip-
ment, as determined by the Secretary; and 
‘‘(B) allocate more than 1, but not to exceed 
5, credits for investment in an emerging tech-
nology relating to any vehicle described in sub-
paragraph (A) to encourage— 
‘‘(i) a reduction in petroleum demand; 
‘‘(ii) technological advancement; and 
‘‘(iii) a reduction in vehicle emis-
sions.’’; 
(4) in subsection (c) (as redesignated by para-
graph (1)), by striking ‘‘subsection (a)’’ and inserting 
‘‘subsection (b)’’; and 
(5) by adding at the end the following: 
‘‘(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 2008 
through 2013.’’. 
SEC. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTO-
MOBILE PARTS MANUFACTURERS. 
(a) IN GENERAL.—Section 712(a)(2) of the Energy 
Policy Act of 2005 (42 U.S.C. 16062(a)(2)) (as amended 
by section 132) is amended by inserting ‘‘and loan guaran-
tees under section 1703’’ after ‘‘grants’’.
(b) CONFORMING AMENDMENT.—Section 1703(b) of 
the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is 
amended by striking paragraph (8) and inserting the fol-
lowing: 
‘‘(8) Production facilities for the manufacture of 
fuel efficient vehicles or parts of those vehicles, includ-
ing electric drive vehicles and advanced diesel vehi-
cles.’’. 
SEC. 135. ADVANCED BATTERY LOAN GUARANTEE PRO-
GRAM. 
(a) ESTABLISHMENT
OF PROGRAM.—The Secretary 
shall establish a program to provide guarantees of loans by 
private institutions for the construction of facilities for the 
manufacture of advanced vehicle batteries and battery sys-
tems that are developed and produced in the United States, 
including advanced lithium ion batteries and hybrid elec-
trical system and component manufacturers and software 
designers. 
(b) REQUIREMENTS.—The Secretary may provide a 
loan guarantee under subsection (a) to an applicant if— 
(1) without a loan guarantee, credit is not avail-
able to the applicant under reasonable terms or condi-
tions sufficient to finance the construction of a facil-
ity described in subsection (a);
(2) the prospective earning power of the appli-
cant and the character and value of the security 
pledged provide a reasonable assurance of repayment 
of the loan to be guaranteed in accordance with the 
terms of the loan; and 
(3) the loan bears interest at a rate determined 
by the Secretary to be reasonable, taking into account 
the current average yield on outstanding obligations 
of the United States with remaining periods of matu-
rity comparable to the maturity of the loan. 
(c) CRITERIA.—In selecting recipients of loan guaran-
tees from among applicants, the Secretary shall give pref-
erence to proposals that— 
(1) meet all applicable Federal and State per-
mitting requirements; 
(2) are most likely to be successful; and 
(3) are located in local markets that have the 
greatest need for the facility. 
(d) MATURITY.—A loan guaranteed under subsection 
(a) shall have a maturity of not more than 20 years. 
(e) TERMS AND CONDITIONS.—The loan agreement for 
a loan guaranteed under subsection (a) shall provide that 
no provision of the loan agreement may be amended or 
waived without the consent of the Secretary.
(f) ASSURANCE OF REPAYMENT.—The Secretary shall 
require that an applicant for a loan guarantee under sub-
section (a) provide an assurance of repayment in the form 
of a performance bond, insurance, collateral, or other means 
acceptable to the Secretary in an amount equal to not less 
than 20 percent of the amount of the loan. 
(g) GUARANTEE FEE.—The recipient of a loan guar-
antee under subsection (a) shall pay the Secretary an 
amount determined by the Secretary to be sufficient to cover 
the administrative costs of the Secretary relating to the loan 
guarantee. 
(h) FULL FAITH AND CREDIT.—The full faith and 
credit of the United States is pledged to the payment of 
all guarantees made under this section. Any such guarantee 
made by the Secretary shall be conclusive evidence of the 
eligibility of the loan for the guarantee with respect to prin-
cipal and interest. The validity of the guarantee shall be 
incontestable in the hands of a holder of the guaranteed 
loan. 
(i) REPORTS.—Until each guaranteed loan under this 
section has been repaid in full, the Secretary shall annually 
submit to Congress a report on the activities of the Sec-
retary under this section.
(j) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
(k) TERMINATION OF AUTHORITY.—The authority of 
the Secretary to issue a loan guarantee under subsection 
(a) terminates on the date that is 10 years after the date 
of enactment of this Act. 
SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFAC-
TURING INCENTIVE PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED
TECHNOLOGY
VEHICLE.—The 
term ‘‘advanced technology vehicle’’ means a light 
duty vehicle that meets— 
(A) the Bin 5 Tier II emission standard es-
tablished in regulations issued by the Adminis-
trator of the Environmental Protection Agency 
under section 202(i) of the Clean Air Act (42 
U.S.C. 7521(i)), or a lower-numbered Bin emis-
sion standard; 
(B) any new emission standard in effect for 
fine particulate matter prescribed by the Admin-
istrator under that Act (42 U.S.C. 7401 et seq.); 
and
(C) at least 125 percent of the average base 
year combined fuel economy for vehicles with 
substantially similar attributes. 
(2) COMBINED FUEL ECONOMY.—The term ‘‘com-
bined fuel economy’’ means— 
(A) the combined city/highway miles per 
gallon values, as reported in accordance with sec-
tion 32904 of title 49, United States Code; and 
(B) in the case of an electric drive vehicle 
with the ability to recharge from an off-board 
source, the reported mileage, as determined in a 
manner consistent with the Society of Auto-
motive Engineers recommended practice for that 
configuration or a similar practice recommended 
by the Secretary. 
(3) ENGINEERING
INTEGRATION
COSTS.—The 
term ‘‘engineering integration costs’’ includes the cost 
of engineering tasks relating to— 
(A) incorporating qualifying components 
into the design of advanced technology vehicles; 
and 
(B) designing tooling and equipment and 
developing manufacturing processes and mate-
rial suppliers for production facilities that
produce qualifying components or advanced tech-
nology vehicles. 
(4) 
QUALIFYING
COMPONENTS.—The 
term 
‘‘qualifying components’’ means components that the 
Secretary determines to be— 
(A) designed for advanced technology vehi-
cles; and 
(B) installed for the purpose of meeting the 
performance requirements of advanced technology 
vehicles. 
(b) ADVANCED VEHICLES MANUFACTURING FACIL-
ITY.—The Secretary shall provide facility funding awards 
under this section to automobile manufacturers and compo-
nent suppliers to pay not more than 30 percent of the cost 
of— 
(1) reequipping, expanding, or establishing a 
manufacturing facility in the United States to 
produce— 
(A) qualifying advanced technology vehicles; 
or 
(B) qualifying components; and 
(2) engineering integration performed in the 
United States of qualifying vehicles and qualifying 
components.
(c) PERIOD OF AVAILABILITY.—An award under sub-
section (b) shall apply to— 
(1) facilities and equipment placed in service be-
fore December 30, 2020; and 
(2) engineering integration costs incurred during 
the period beginning on the date of enactment of this 
Act and ending on December 30, 2020. 
(d) DIRECT LOAN PROGRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and subject to the 
availability of appropriated funds, the Secretary shall 
carry out a program to provide a total of not more 
than $25,000,000,000 in loans to eligible individuals 
and entities (as determined by the Secretary) for the 
costs of activities described in subsection (b). 
(2) APPLICATION.—An applicant for a loan 
under this subsection shall submit to the Secretary an 
application at such time, in such manner, and con-
taining such information as the Secretary may re-
quire, including a written assurance that— 
(A) all laborers and mechanics employed by 
contractors or subcontractors during construc-
tion, alteration, or repair that is financed, in 
whole or in part, by a loan under this section 
shall be paid wages at rates not less than those
prevailing on similar construction in the local-
ity, as determined by the Secretary of Labor in 
accordance with sections 3141–3144, 3146, and 
3147 of title 40, United States Code; and 
(B) the Secretary of Labor shall, with re-
spect to the labor standards described in this 
paragraph, have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 
1950 (5 U.S.C. App.) and section 3145 of title 
40, United States Code. 
(3) SELECTION
OF
ELIGIBLE
PROJECTS.—The 
Secretary shall select eligible projects to receive loans 
under this subsection in cases in which, as determined 
by the Secretary, the award recipient— 
(A) is financially viable without the receipt 
of additional Federal funding associated with the 
proposed project; 
(B) will provide sufficient information to 
the Secretary for the Secretary to ensure that the 
qualified investment is expended efficiently and 
effectively; and 
(C) has met such other criteria as may be 
established and published by the Secretary. 
(4) 
RATES, 
TERMS, 
AND
REPAYMENT
OF 
LOANS.—A loan provided under this subsection—
(A) shall have an interest rate that, as of 
the date on which the loan is made, is equal to 
the cost of funds to the Department of the Treas-
ury for obligations of comparable maturity; 
(B) shall have a term equal to the lesser 
of— 
(i) the projected life, in years, of the el-
igible project to be carried out using funds 
from the loan, as determined by the Sec-
retary; and 
(ii) 25 years; 
(C) may be subject to a deferral in repay-
ment for not more than 5 years after the date on 
which the eligible project carried out using funds 
from the loan first begins operations, as deter-
mined by the Secretary; and 
(D) shall be made by the Federal Financing 
Bank. 
(e) IMPROVEMENT.—The Secretary shall issue regula-
tions that require that, in order for an automobile manufac-
turer to be eligible for an award or loan under this section 
during a particular year, the adjusted average fuel economy 
of the manufacturer for light duty vehicles produced by the 
manufacturer during the most recent year for which data 
are available shall be not less than the average fuel economy
for all light duty vehicles of the manufacturer for model 
year 2005. In order to determine fuel economy baselines for 
eligibility of a new manufacturer or a manufacturer that 
has not produced previously produced equivalent vehicles, 
the Secretary may substitute industry averages. 
(f) FEES.—Administrative costs shall be no more than 
$100,000 or 10 basis point of the loan. 
(g) PRIORITY.—The Secretary shall, in making 
awards or loans to those manufacturers that have existing 
facilities, give priority to those facilities that are oldest or 
have been in existence for at least 20 years. Such facilities 
can currently be sitting idle. 
(h) SET ASIDE FOR SMALL AUTOMOBILE MANUFAC-
TURERS AND COMPONENT SUPPLIERS.— 
(1) DEFINITION OF COVERED FIRM.—In this sub-
section, the term ‘‘covered firm’’ means a firm that— 
(A) employs less than 500 individuals; and 
(B) manufactures automobiles or compo-
nents of automobiles. 
(2) SET ASIDE.—Of the amount of funds that 
are used to provide awards for each fiscal year under 
subsection (b), the Secretary shall use not less than 10 
percent to provide awards to covered firms or con-
sortia led by a covered firm.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section for each of fiscal years 2008 
through 2012. 
Subtitle C—Federal Vehicle Fleets 
SEC. 141. FEDERAL VEHICLE FLEETS. 
Section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212) is amended— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following 
new subsection: 
‘‘(f) VEHICLE EMISSION REQUIREMENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) FEDERAL AGENCY.—The term ‘Federal 
agency’ does not include any office of the legisla-
tive branch, except that it does include the House 
of Representatives with respect to an acquisition 
described in paragraph (2)(C). 
‘‘(B) MEDIUM
DUTY
PASSENGER
VEHI-
CLE.—The term ‘medium duty passenger vehicle’ 
has the meaning given that term section 523.2 of 
title 49 of the Code of Federal Regulations, as in 
effect on the date of enactment of this paragraph.
‘‘(C) MEMBER’S
REPRESENTATIONAL
AL-
LOWANCE.—The term ‘Member’s Representa-
tional Allowance’ means the allowance described 
in section 101(a) of the House of Representatives 
Administrative Reform Technical Corrections 
Act (2 U.S.C. 57b(a)). 
‘‘(2) PROHIBITION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no Federal agency shall ac-
quire a light duty motor vehicle or medium duty 
passenger vehicle that is not a low greenhouse 
gas emitting vehicle. 
‘‘(B) EXCEPTION.—The prohibition in sub-
paragraph (A) shall not apply to acquisition of 
a vehicle if the head of the agency certifies in 
writing, in a separate certification for each indi-
vidual vehicle purchased, either— 
‘‘(i) that no low greenhouse gas emit-
ting vehicle is available to meet the func-
tional needs of the agency and details in 
writing the functional needs that could not 
be met with a low greenhouse gas emitting 
vehicle; or
‘‘(ii) that the agency has taken specific 
alternative more cost-effective measures to 
reduce petroleum consumption that— 
‘‘(I) have reduced a measured and 
verified quantity of greenhouse gas 
emissions equal to or greater than the 
quantity of greenhouse gas reductions 
that would have been achieved through 
acquisition of a low greenhouse gas 
emitting vehicle over the lifetime of the 
vehicle; or 
‘‘(II) will reduce each year a 
measured and verified quantity of 
greenhouse gas emissions equal to or 
greater than the quantity of greenhouse 
gas reductions that would have been 
achieved each year through acquisition 
of a low greenhouse gas emitting vehi-
cle. 
‘‘(C) SPECIAL
RULE
FOR
VEHICLES
PRO-
VIDED BY FUNDS CONTAINED IN MEMBERS’ REP-
RESENTATIONAL
ALLOWANCE.—This paragraph 
shall apply to the acquisition of a light duty 
motor vehicle or medium duty passenger vehicle 
using any portion of a Member’s Representa-
tional Allowance, including an acquisition under 
a long-term lease. 
‘‘(3) GUIDANCE.— 
‘‘(A) IN GENERAL.—Each year, the Admin-
istrator of the Environmental Protection Agency 
shall issue guidance identifying the makes and 
model numbers of vehicles that are low green-
house gas emitting vehicles. 
‘‘(B) CONSIDERATION.—In identifying vehi-
cles under subparagraph (A), the Administrator 
shall take into account the most stringent stand-
ards for vehicle greenhouse gas emissions appli-
cable to and enforceable against motor vehicle 
manufacturers for vehicles sold anywhere in the 
United States. 
‘‘(C) REQUIREMENT.—The Administrator 
shall not identify any vehicle as a low green-
house gas emitting vehicle if the vehicle emits 
greenhouse gases at a higher rate than such 
standards allow for the manufacturer’s fleet aver-
age grams per mile of carbon dioxide-equivalent 
emissions for that class of vehicle, taking into ac-
count any emissions allowances and adjustment 
factors such standards provide.’’.
SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS. 
Part J of title III of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6374 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIRE-
MENTS. 
‘‘(a) MANDATORY REDUCTION IN PETROLEUM CON-
SUMPTION.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this section, the Sec-
retary shall issue regulations for Federal fleets subject 
to section 400AA to require that, beginning in fiscal 
year 2010, each Federal agency shall reduce petro-
leum consumption and increase alternative fuel con-
sumption each year by an amount necessary to meet 
the goals described in paragraph (2). 
‘‘(2) GOALS.—The goals of the requirements 
under paragraph (1) are that not later than October 
1, 2015, and for each year thereafter, each Federal 
agency shall achieve at least a 20 percent reduction 
in annual petroleum consumption and a 10 percent 
increase in annual alternative fuel consumption, as 
calculated from the baseline established by the Sec-
retary for fiscal year 2005. 
‘‘(3) MILESTONES.—The Secretary shall include 
in the regulations described in paragraph (1)—
‘‘(A) interim numeric milestones to assess 
annual agency progress towards accomplishing 
the goals described in that paragraph; and 
‘‘(B) a requirement that agencies annually 
report on progress towards meeting each of the 
milestones and the 2015 goals. 
‘‘(b) PLAN.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—The regulations under 
subsection (a) shall require each Federal agency 
to develop a plan, and implement the measures 
specified in the plan by dates specified in the 
plan, to meet the required petroleum reduction 
levels and the alternative fuel consumption in-
creases, including the milestones specified by the 
Secretary. 
‘‘(B) INCLUSIONS.—The plan shall— 
‘‘(i) identify the specific measures the 
agency will use to meet the requirements of 
subsection (a)(2); and 
‘‘(ii) quantify the reductions in petro-
leum consumption or increases in alter-
native fuel consumption projected to be 
achieved by each measure each year.
‘‘(2) MEASURES.—The plan may allow an agen-
cy to meet the required petroleum reduction level 
through— 
‘‘(A) the use of alternative fuels; 
‘‘(B) the acquisition of vehicles with higher 
fuel economy, including hybrid vehicles, neigh-
borhood electric vehicles, electric vehicles, and 
plug-in hybrid vehicles if the vehicles are com-
mercially available; 
‘‘(C) the substitution of cars for light trucks; 
‘‘(D) an increase in vehicle load factors; 
‘‘(E) a decrease in vehicle miles traveled; 
‘‘(F) a decrease in fleet size; and 
‘‘(G) other measures.’’. 
TITLE 
II—ENERGY 
SECURITY 
THROUGH INCREASED PRO-
DUCTION OF BIOFUELS 
Subtitle A—Renewable Fuel 
Standard 
SEC. 201. DEFINITIONS. 
Section 211(o)(1) of the Clean Air Act (42 U.S.C. 
7545(o)) is amended to read as follows: 
‘‘(1) DEFINITIONS.—In this section: 
‘‘(A) ADDITIONAL RENEWABLE FUEL.—The 
term ‘additional renewable fuel’ means fuel that
is produced from renewable biomass and that is 
used to replace or reduce the quantity of fossil 
fuel present in home heating oil or jet fuel. 
‘‘(B) ADVANCED BIOFUEL.— 
‘‘(i) IN GENERAL.—The term ‘advanced 
biofuel’ means renewable fuel, other than 
ethanol derived from corn starch, that has 
lifecycle greenhouse gas emissions, as deter-
mined by the Administrator, after notice 
and opportunity for comment, that are at 
least 50 percent less than baseline lifecycle 
greenhouse gas emissions. 
‘‘(ii) INCLUSIONS.—The types of fuels 
eligible for consideration as ‘advanced 
biofuel’ may include any of the following: 
‘‘(I) Ethanol derived from cel-
lulose, hemicellulose, or lignin. 
‘‘(II) Ethanol derived from sugar 
or starch (other than corn starch). 
‘‘(III) Ethanol derived from waste 
material, including crop residue, other 
vegetative 
waste 
material, 
animal 
waste, and food waste and yard waste. 
‘‘(IV) Biomass-based diesel.
‘‘(V) Biogas (including landfill 
gas and sewage waste treatment gas) 
produced through the conversion of or-
ganic matter from renewable biomass. 
‘‘(VI) Butanol or other alcohols 
produced through the conversion of or-
ganic matter from renewable biomass. 
‘‘(VII) Other fuel derived from cel-
lulosic biomass. 
‘‘(C) BASELINE
LIFECYCLE
GREENHOUSE 
GAS
EMISSIONS.—The term ‘baseline lifecycle 
greenhouse gas emissions’ means the average 
lifecycle greenhouse gas emissions, as determined 
by the Administrator, after notice and oppor-
tunity for comment, for gasoline or diesel 
(whichever is being replaced by the renewable 
fuel) sold or distributed as transportation fuel in 
2005. 
‘‘(D) BIOMASS-BASED
DIESEL.—The term 
‘biomass-based diesel’ means renewable fuel that 
is biodiesel as defined in section 312(f) of the 
Energy Policy Act of 1992 (42 U.S.C. 13220(f)) 
and that has lifecycle greenhouse gas emissions, 
as determined by the Administrator, after notice 
and opportunity for comment, that are at least
50 percent less than the baseline lifecycle green-
house gas emissions. Notwithstanding the pre-
ceding sentence, renewable fuel derived from co- 
processing biomass with a petroleum feedstock 
shall be advanced biofuel if it meets the require-
ments of subparagraph (B), but is not biomass- 
based diesel. 
‘‘(E) CELLULOSIC BIOFUEL.—The term ‘cel-
lulosic biofuel’ means renewable fuel derived 
from any cellulose, hemicellulose, or lignin that 
is derived from renewable biomass and that has 
lifecycle greenhouse gas emissions, as determined 
by the Administrator, that are at least 60 per-
cent less than the baseline lifecycle greenhouse 
gas emissions. 
‘‘(F) CONVENTIONAL
BIOFUEL.—The term 
‘conventional biofuel’ means renewable fuel that 
is ethanol derived from corn starch. 
‘‘(G) GREENHOUSE GAS.—The term ‘green-
house 
gas’ 
means 
carbon 
dioxide, 
hydrofluorocarbons, 
methane, 
nitrous 
oxide, 
perfluorocarbons, sulfur hexafluoride. The Ad-
ministrator 
may 
include 
any 
other 
anthropogenically-emitted gas that is determined
by the Administrator, after notice and comment, 
to contribute to global warming. 
‘‘(H) LIFECYCLE GREENHOUSE GAS EMIS-
SIONS.—The term ‘lifecycle greenhouse gas emis-
sions’ means the aggregate quantity of green-
house gas emissions (including direct emissions 
and significant indirect emissions such as sig-
nificant emissions from land use changes), as de-
termined by the Administrator, related to the full 
fuel lifecycle, including all stages of fuel and 
feedstock production and distribution, from feed-
stock generation or extraction through the dis-
tribution and delivery and use of the finished 
fuel to the ultimate consumer, where the mass 
values for all greenhouse gases are adjusted to ac-
count for their relative global warming potential. 
‘‘(I) RENEWABLE BIOMASS.—The term ‘re-
newable biomass’ means each of the following: 
‘‘(i) Planted crops and crop residue 
harvested from agricultural land cleared or 
cultivated at any time prior to the enact-
ment of this sentence that is either actively 
managed or fallow, and nonforested. 
‘‘(ii) Planted trees and tree residue 
from actively managed tree plantations on
non-federal land cleared at any time prior 
to enactment of this sentence, including 
land belonging to an Indian tribe or an In-
dian individual, that is held in trust by the 
United States or subject to a restriction 
against alienation imposed by the United 
States. 
‘‘(iii) Animal waste material and ani-
mal byproducts. 
‘‘(iv) 
Slash 
and 
pre-commercial 
thinnings 
that 
are 
from 
non-federal 
forestlands, including forestlands belonging 
to an Indian tribe or an Indian individual, 
that are held in trust by the United States 
or subject to a restriction against alienation 
imposed by the United States, but not for-
ests or forestlands that are ecological com-
munities with a global or State ranking of 
critically imperiled, imperiled, or rare pur-
suant to a State Natural Heritage Program, 
old growth forest, or late successional forest. 
‘‘(v) Biomass obtained from the imme-
diate vicinity of buildings and other areas 
regularly occupied by people, or of public 
infrastructure, at risk from wildfire.
‘‘(vi) Algae. 
‘‘(vii) Separated yard waste or food 
waste, including recycled cooking and trap 
grease. 
‘‘(J) RENEWABLE FUEL.—The term ‘renew-
able fuel’ means fuel that is produced from re-
newable biomass and that is used to replace or 
reduce the quantity of fossil fuel present in a 
transportation fuel. 
‘‘(K) SMALL REFINERY.—The term ‘small 
refinery’ means a refinery for which the average 
aggregate daily crude oil throughput for a cal-
endar year (as determined by dividing the aggre-
gate throughput for the calendar year by the 
number of days in the calendar year) does not 
exceed 75,000 barrels. 
‘‘(L) TRANSPORTATION
FUEL.—The term 
‘transportation fuel’ means fuel for use in motor 
vehicles, motor vehicle engines, nonroad vehicles, 
or nonroad engines (except for ocean-going ves-
sels).’’. 
SEC. 202. RENEWABLE FUEL STANDARD. 
(a) RENEWABLE FUEL PROGRAM.—Paragraph (2) of 
section 211(o) (42 U.S.C. 7545(o)(2)) of the Clean Air Act 
is amended as follows:
(1) REGULATIONS.—Clause (i) of subparagraph 
(A) is amended by adding the following at the end 
thereof: ‘‘Not later than 1 year after the date of enact-
ment of this sentence, the Administrator shall revise 
the regulations under this paragraph to ensure that 
transportation fuel sold or introduced into commerce 
in the United States (except in noncontiguous States 
or territories), on an annual average basis, contains 
at least the applicable volume of renewable fuel, ad-
vanced biofuel, cellulosic biofuel, and biomass-based 
diesel, determined in accordance with subparagraph 
(B) and, in the case of any such renewable fuel pro-
duced from new facilities that commence construction 
after the date of enactment of this sentence, achieves 
at least a 20 percent reduction in lifecycle greenhouse 
gas emissions compared to baseline lifecycle green-
house gas emissions.’’. 
(2) APPLICABLE
VOLUMES
OF
RENEWABLE 
FUEL.—Subparagraph (B) is amended to read as fol-
lows: 
‘‘(B) APPLICABLE VOLUMES.— 
‘‘(i) CALENDAR YEARS AFTER 2005.— 
‘‘(I) RENEWABLE FUEL.—For the 
purpose of subparagraph (A), the ap-
plicable volume of renewable fuel for
the calendar years 2006 through 2022 
shall be determined in accordance with 
the following table: 
Applicable volume of 
renewable fuel 
‘‘Calendar year: 
(in billions of gallons): 
2006 ...........................................................................................................
4.0 
2007 ...........................................................................................................
4.7 
2008 ...........................................................................................................
9.0 
2009 ...........................................................................................................
11.1 
2010 ...........................................................................................................
12.95 
2011 ...........................................................................................................
13.95 
2012 ...........................................................................................................
15.2 
2013 ...........................................................................................................
16.55 
2014 ...........................................................................................................
18.15 
2015 ...........................................................................................................
20.5 
2016 ...........................................................................................................
22.25 
2017 ...........................................................................................................
24.0 
2018 ...........................................................................................................
26.0 
2019 ...........................................................................................................
28.0 
2020 ...........................................................................................................
30.0 
2021 ...........................................................................................................
33.0 
2022 ...........................................................................................................
36.0 
‘‘(II) ADVANCED
BIOFUEL.—For 
the purpose of subparagraph (A), of the 
volume of renewable fuel required 
under subclause (I), the applicable vol-
ume of advanced biofuel for the cal-
endar years 2009 through 2022 shall be 
determined in accordance with the fol-
lowing table: 
Applicable volume of 
advanced biofuel 
‘‘Calendar year: 
(in billions of gallons): 
2009 ...........................................................................................................
0.6 
2010 ...........................................................................................................
0.95 
2011 ...........................................................................................................
1.35 
2012 ...........................................................................................................
2.0 
2013 ...........................................................................................................
2.75 
2014 ...........................................................................................................
3.75 
2015 ...........................................................................................................
5.5 
2016 ...........................................................................................................
7.25 
2017 ...........................................................................................................
9.0
Applicable volume of 
advanced biofuel 
‘‘Calendar year: 
(in billions of gallons): 
2018 ...........................................................................................................
11.0 
2019 ...........................................................................................................
13.0 
2020 ...........................................................................................................
15.0 
2021 ...........................................................................................................
18.0 
2022 ...........................................................................................................
21.0 
‘‘(III) CELLULOSIC
BIOFUEL.— 
For the purpose of subparagraph (A), 
of the volume of advanced biofuel re-
quired under subclause (II), the appli-
cable volume of cellulosic biofuel for the 
calendar years 2010 through 2022 shall 
be determined in accordance with the 
following table: 
Applicable volume of 
cellulosic biofuel 
‘‘Calendar year: 
(in billions of gallons): 
2010 ...........................................................................................................
0.1 
2011 ...........................................................................................................
0.25 
2012 ...........................................................................................................
0.5 
2013 ...........................................................................................................
1.0 
2014 ...........................................................................................................
1.75 
2015 ...........................................................................................................
3.0 
2016 ...........................................................................................................
4.25 
2017 ...........................................................................................................
5.5 
2018 ...........................................................................................................
7.0 
2019 ...........................................................................................................
8.5 
2020 ...........................................................................................................
10.5 
2021 ...........................................................................................................
13.5 
2022 ...........................................................................................................
16.0 
‘‘(IV) BIOMASS-BASED DIESEL.— 
For the purpose of subparagraph (A), 
of the volume of advanced biofuel re-
quired under subclause (II), the appli-
cable volume of biomass-based diesel for 
the calendar years 2009 through 2012
shall be determined in accordance with 
the following table: 
Applicable volume of 
biomass-based diesel 
‘‘Calendar year: 
(in billions of gallons): 
2009 ...........................................................................................................
0.5 
2010 ...........................................................................................................
0.65 
2011 ...........................................................................................................
0.80 
2012 ...........................................................................................................
1.0 
‘‘(ii) OTHER CALENDAR YEARS.—For 
the purposes of subparagraph (A), the ap-
plicable volumes of each fuel specified in the 
tables in clause (i) for calendar years after 
the calendar years specified in the tables 
shall be determined by the Administrator, 
in coordination with the Secretary of En-
ergy and the Secretary of Agriculture, based 
on a review of the implementation of the 
program during calendar years specified in 
the tables, and an analysis of— 
‘‘(I) the impact of the production 
and use of renewable fuels on the envi-
ronment, including on air quality, cli-
mate change, conversion of wet lands, 
eco-systems, wildlife habitat, water 
quality, and water supply; 
‘‘(II) the impact of renewable fuels 
on the energy security of the United 
States;
‘‘(III) the expected annual rate of 
future commercial production of re-
newable 
fuels, 
including 
advanced 
biofuels in each category (cellulosic 
biofuel and biomass-based diesel); 
‘‘(IV) the impact of renewable 
fuels on the infrastructure of the 
United States, including deliverability 
of materials, goods, and products other 
than renewable fuel, and the suffi-
ciency of infrastructure to deliver and 
use renewable fuel; 
‘‘(V) the impact of the use of re-
newable fuels on the cost to consumers 
of transportation fuel and on the cost 
to transport goods; and 
‘‘(VI) the impact of the use of re-
newable fuels on other factors, includ-
ing job creation, the price and supply 
of agricultural commodities, rural eco-
nomic development, and food prices. 
The Administrator shall promulgate rules 
establishing the applicable volumes under 
this clause no later than 14 months before
the first year for which such applicable vol-
ume will apply. 
‘‘(iii) APPLICABLE
VOLUME
OF
AD-
VANCED BIOFUEL.—For the purpose of mak-
ing the determinations in clause (ii), for 
each calendar year, the applicable volume of 
advanced biofuel shall be at least the same 
percentage of the applicable volume of re-
newable fuel as in calendar year 2022. 
‘‘(iv) APPLICABLE
VOLUME
OF
CEL-
LULOSIC
BIOFUEL.—For the purpose of 
making the determinations in clause (ii), 
for each calendar year, the applicable vol-
ume of cellulosic biofuel established by the 
Administrator shall be based on the as-
sumption that the Administrator will not 
need to issue a waiver for such years under 
paragraph (7)(D). 
‘‘(v) MINIMUM APPLICABLE VOLUME OF 
BIOMASS-BASED DIESEL.—For the purpose 
of making the determinations in clause (ii), 
the applicable volume of biomass-based die-
sel shall not be less than the applicable vol-
ume listed in clause (i)(IV) for calendar 
year 2012.’’.
(b) APPLICABLE PERCENTAGES.—Paragraph (3) of 
section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) 
is amended as follows: 
(1) In subparagraph (A), by striking ‘‘2011’’ 
and inserting ‘‘2021.’’. 
(2) In subparagraph (A), by striking ‘‘gasoline’’ 
and inserting ‘‘transportation fuel, biomass-based die-
sel, and cellulosic biofuel’’. 
(3) In subparagraph (B), by striking ‘‘2012’’ 
and inserting ‘‘2021’’ in clause (ii)(I). 
(4) In subparagraph (B), by striking gasoline’’ 
and inserting ‘‘transportation fuel’’ in clause (ii)(II). 
(c) MODIFICATION OF GREENHOUSE GAS PERCENT-
AGES.—Paragraph (4) of section 211(o) of the Clean Air 
Act (42 U.S.C. 7545(o)(4)) is amended to read as follows: 
‘‘(4) MODIFICATION OF GREENHOUSE GAS RE-
DUCTION PERCENTAGES.— 
‘‘(A) IN
GENERAL.—The Administrator 
may, in the regulations under the last sentence 
of paragraph (2)(A)(i), adjust the 20 percent, 50 
percent, and 60 percent reductions in lifecycle 
greenhouse gas emissions specified in paragraphs 
(2)(A)(i)(relating to renewable fuel), (1)(D) (re-
lating to biomass-based diesel), (1)(B)(i)(relating 
to advanced biofuel), and (1)(E) (relating to cel-
lulosic biofuel) to a lower percentage. For the 50 
and 60 percent reductions, the Administrator 
may make such an adjustment only if he deter-
mines that generally such reduction is not com-
mercially feasible for fuels made using a variety 
of feedstocks, technologies, and processes to meet 
the applicable reduction. 
‘‘(B) AMOUNT
OF
ADJUSTMENT.—In pro-
mulgating regulations under this paragraph, the 
specified 50 percent reduction in greenhouse gas 
emissions from advanced biofuel and in biomass- 
based diesel may not be reduced below 40 per-
cent. The specified 20 percent reduction in green-
house gas emissions from renewable fuel may not 
be reduced below 10 percent, and the specified 60 
percent reduction in greenhouse gas emissions 
from cellulosic biofuel may not be reduced below 
50 percent. 
‘‘(C) ADJUSTED
REDUCTION
LEVELS.—An 
adjustment under this paragraph to a percent 
less than the specified 20 percent greenhouse gas 
reduction for renewable fuel shall be the min-
imum possible adjustment, and the adjusted 
greenhouse gas reduction shall be established by 
the Administrator at the maximum achievable
level, taking cost in consideration, for natural 
gas fired corn-based ethanol plants, allowing for 
the use of a variety of technologies and processes. 
An adjustment in the 50 or 60 percent green-
house gas levels shall be the minimum possible 
adjustment for the fuel or fuels concerned, and 
the adjusted greenhouse gas reduction shall be es-
tablished at the maximum achievable level, tak-
ing cost in consideration, allowing for the use of 
a variety of feedstocks, technologies, and proc-
esses. 
‘‘(D) 5-YEAR
REVIEW.—Whenever the Ad-
ministrator makes any adjustment under this 
paragraph, not later than 5 years thereafter he 
shall review and revise (based upon the same cri-
teria and standards as required for the initial 
adjustment) the regulations establishing the ad-
justed level. 
‘‘(E) SUBSEQUENT
ADJUSTMENTS.—After 
the Administrator has promulgated a final rule 
under the last sentence of paragraph (2)(A)(i) 
with respect to the method of determining 
lifecycle greenhouse gas emissions, except as pro-
vided in subparagraph (D), the Administrator 
may not adjust the percent greenhouse gas reduc-
tion levels unless he determines that there has 
been a significant change in the analytical meth-
odology used for determining the lifecycle green-
house gas emissions. If he makes such determina-
tion, he may adjust the 20, 50, or 60 percent re-
duction levels through rulemaking using the cri-
teria and standards set forth in this paragraph. 
‘‘(F) LIMIT ON UPWARD ADJUSTMENTS.—If, 
under subparagraph (D) or (E), the Adminis-
trator revises a percent level adjusted as provided 
in subparagraph (A), (B), and (C) to a higher 
percent, such higher percent may not exceed the 
applicable 
percent 
specified 
in 
paragraph 
(2)(A)(i), (1)(D),(1)(B)(i), or (1)(E). 
‘‘(G) APPLICABILITY OF ADJUSTMENTS.—If 
the Administrator adjusts, or revises, a percent 
level referred to in this paragraph or makes a 
change in the analytical methodology used for 
determining the lifecycle greenhouse gas emis-
sions, such adjustment, revision, or change (or 
any combination thereof) shall only apply to re-
newable fuel from new facilities that commence 
construction after the effective date of such ad-
justment, revision, or change.’’.
(d) CREDITS FOR ADDITIONAL RENEWABLE FUEL.— 
Paragraph (5) of section 211(o) of the Clean Air Act (42 
U.S.C. 7545(o)(5)) is amended by adding the following new 
subparagraph at the end thereof: 
‘‘(E) CREDITS
FOR
ADDITIONAL
RENEW-
ABLE FUEL.—The Administrator may issue reg-
ulations providing (i) for the generation of an 
appropriate amount of credits by any person 
that refines, blends, or imports additional renew-
able fuels specified by the Administrator and (ii) 
for the use of such credits by the generator, or the 
transfer of all or a portion of the credits to an-
other person, for the purpose of complying with 
paragraph (2).’’. 
(e) WAIVERS.— 
(1) IN GENERAL.—Paragraph (7)(A) of section 
211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)(A)) 
is amended by inserting ‘‘, by any person subject to 
the requirements of this subsection, or by the Admin-
istrator on his own motion’’ after ‘‘one or more 
States’’ in subparagraph (A) and by striking out 
‘‘State’’ in subparagraph (B). 
(2) CELLULOSIC
BIOFUEL.—Paragraph (7) of 
section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)(7)) is amended by adding the following at the 
end thereof: 
‘‘(D) CELLULOSIC BIOFUEL.—(i) For any 
calendar year for which the projected volume of 
cellulosic biofuel production is less than the min-
imum applicable volume established under para-
graph (2)(B), as determined by the Adminis-
trator based on the estimate provided under 
paragraph (3)(A), not later than November 30 of 
the preceding calendar year, the Administrator 
shall reduce the applicable volume of cellulosic 
biofuel required under paragraph (2)(B) to the 
projected volume available during that calendar 
year. For any calendar year in which the Ad-
ministrator makes such a reduction, the Admin-
istrator may also reduce the applicable volume of 
renewable fuel and advanced biofuels require-
ment established under paragraph (2)(B) by the 
same or a lesser volume. 
‘‘(ii) Whenever the Administrator reduces 
the minimum cellulosic biofuel volume under this 
subparagraph, the Administrator shall make 
available for sale cellulosic biofuel credits at the 
higher of $0.25 per gallon or the amount by 
which $3.00 per gallon exceeds the average
wholesale price of a gallon of gasoline in the 
United States. Such amounts shall be adjusted 
for inflation by the Administrator for years after 
2008. 
‘‘(iii) 18 months after date of enactment of 
this subparagraph, the Administrator shall pro-
mulgate regulations to govern the issuance of 
credits under this subparagraph. The regulations 
shall set forth the method for determining the 
exact price of credits in the event of a waiver. 
The price of such credits shall not be changed 
more frequently than once each quarter. These 
regulations shall include such provisions, includ-
ing limiting the credits’ uses and useful life, as 
the Administrator deems appropriate to assist 
market liquidity and transparency, to provide 
appropriate certainty for regulated entities and 
renewable fuel producers, and to limit any po-
tential misuse of cellulosic biofuel credits to re-
duce the use of other renewable fuels, and for 
such other purposes as the Administrator deter-
mines will help achieve the goals of this sub-
section. The regulations shall limit the number of 
cellulosic biofuel credits for any calendar year to 
the minimum applicable volume (as reduced
under this subparagraph) of cellulosic biofuel for 
that year.’’. 
(3) BIOMASS-BASED DIESEL.—Paragraph (7) of 
section 211(o) of the Clean Air Act (42 U.S.C. 
7545(o)(7)) is amended by adding the following at the 
end thereof: 
‘‘(E) BIOMASS-BASED DIESEL.— 
‘‘(i) MARKET
EVALUATION.—The Ad-
ministrator, in consultation with the Sec-
retary of Energy and the Secretary of Agri-
culture, shall periodically evaluate the im-
pact of the biomass-based diesel require-
ments established under this paragraph on 
the price of diesel fuel. 
‘‘(ii) WAIVER.—If the Administrator 
determines that there is a significant renew-
able feedstock disruption or other market 
circumstances that would make the price of 
biomass-based diesel fuel increase signifi-
cantly, the Administrator, in consultation 
with the Secretary of Energy and the Sec-
retary of Agriculture, shall issue an order to 
reduce, for up to a 60-day period, the quan-
tity of biomass-based diesel required under 
subparagraph (A) by an appropriate quan-
tity that does not exceed 15 percent of the 
applicable annual requirement for biomass- 
based diesel. For any calendar year in 
which the Administrator makes a reduction 
under this subparagraph, the Administrator 
may also reduce the applicable volume of re-
newable fuel and advanced biofuels require-
ment established under paragraph (2)(B) by 
the same or a lesser volume. 
‘‘(iii) EXTENSIONS.—If the Adminis-
trator determines that the feedstock disrup-
tion or circumstances described in clause 
(ii) is continuing beyond the 60-day period 
described in clause (ii) or this clause, the 
Administrator, in consultation with the 
Secretary of Energy and the Secretary of 
Agriculture, may issue an order to reduce, 
for up to an additional 60-day period, the 
quantity of biomass-based diesel required 
under subparagraph (A) by an appropriate 
quantity that does not exceed an additional 
15 percent of the applicable annual require-
ment for biomass-based diesel.
‘‘(F) MODIFICATION
OF
APPLICABLE
VOL-
UMES.—For any of the tables in paragraph 
(2)(B), if the Administrator waives— 
‘‘(i) at least 20 percent of the applica-
ble volume requirement set forth in any 
such table for 2 consecutive years; or 
‘‘(ii) at least 50 percent of such volume 
requirement for a single year, 
the Administrator shall promulgate a rule (with-
in one year after issuing such waiver) that 
modifies the applicable volumes set forth in the 
table concerned for all years following the final 
year to which the waiver applies, except that no 
such modification in applicable volumes shall be 
made for any year before 2016. In promulgating 
such a rule, the Administrator shall comply with 
the processes, criteria, and standards set forth in 
paragraph (2)(B)(ii).’’. 
SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STAND-
ARD. 
(a) IN GENERAL.—The Secretary of Energy, in con-
sultation with the Secretary of Agriculture and the Admin-
istrator of the Environmental Protection Agency, shall enter 
into an arrangement with the National Academy of 
Sciences under which the Academy shall conduct a study
to assess the impact of the requirements described in section 
211(o) of the Clean Air Act on each industry relating to 
the production of feed grains, livestock, food, forest products, 
and energy. 
(b) PARTICIPATION.—In conducting the study under 
this section, the National Academy of Sciences shall seek 
the participation, and consider the input, of— 
(1) producers of feed grains; 
(2) producers of livestock, poultry, and pork 
products; 
(3) producers of food and food products; 
(4) producers of energy; 
(5) individuals and entities interested in issues 
relating to conservation, the environment, and nutri-
tion; 
(6) users and consumer of renewable fuels; 
(7) producers and users of biomass feedstocks; 
and 
(8) land grant universities. 
(c) CONSIDERATIONS.—In conducting the study, the 
National Academy of Sciences shall consider— 
(1) the likely impact on domestic animal agri-
culture feedstocks that, in any crop year, are signifi-
cantly below current projections;
(2) policy options to alleviate the impact on do-
mestic animal agriculture feedstocks that are signifi-
cantly below current projections; and 
(3) policy options to maintain regional agricul-
tural and silvicultural capability. 
(d) COMPONENTS.—The study shall include— 
(1) a description of the conditions under which 
the requirements described in section 211(o) of the 
Clean Air Act should be suspended or reduced to pre-
vent adverse impacts to domestic animal agriculture 
feedstocks described in subsection (c)(2) or regional 
agricultural and silvicultural capability described in 
subsection (c)(3); and 
(2) recommendations for the means by which the 
Federal Government could prevent or minimize ad-
verse economic hardships and impacts. 
(e) DEADLINE FOR COMPLETION OF STUDY.—Not later 
than 18 months after the date of enactment of this Act, the 
Secretary shall submit to Congress a report that describes 
the results of the study under this section. 
(f) PERIODIC REVIEWS.—Section 211(o) of the Clean 
Air Act is amended by adding the following at the end 
thereof: 
‘‘(12) PERIODIC REVIEWS.—To allow for the ap-
propriate adjustment of the requirements described in
subparagraph (B) of paragraph (2), the Adminis-
trator shall conduct periodic reviews of— 
‘‘(A) existing technologies; 
‘‘(B) the feasibility of achieving compliance 
with the requirements; and 
‘‘(C) the impacts of the requirements de-
scribed in subsection (a)(2) on each individual 
and entity described in paragraph (2).’’. 
SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVA-
TION IMPACTS. 
(a) IN GENERAL.—Not later than 3 years after the en-
actment of this section and every 3 years thereafter, the Ad-
ministrator of the Environmental Protection Agency, in 
consultation with the Secretary of Agriculture and the Sec-
retary of Energy, shall assess and report to Congress on 
the impacts to date and likely future impacts of the require-
ments of section 211(o) of the Clean Air Act on the fol-
lowing: 
(1) Environmental issues, including air quality, 
effects on hypoxia, pesticides, sediment, nutrient and 
pathogen levels in waters, acreage and function of wa-
ters, and soil environmental quality. 
(2) Resource conservation issues, including soil 
conservation, water availability, and ecosystem health
and biodiversity, including impacts on forests, grass-
lands, and wetlands. 
(3) The growth and use of cultivated invasive or 
noxious plants and their impacts on the environment 
and agriculture. 
In advance of preparing the report required by this sub-
section, the Administrator may seek the views of the Na-
tional Academy of Sciences or another appropriate inde-
pendent research institute. The report shall include the an-
nual volume of imported renewable fuels and feedstocks for 
renewable fuels, and the environmental impacts outside the 
United States of producing such fuels and feedstocks. The 
report required by this subsection shall include rec-
ommendations for actions to address any adverse impacts 
found. 
(b) EFFECT ON AIR QUALITY AND OTHER ENVIRON-
MENTAL REQUIREMENTS.—Except as provided in section 
211(o)(13) of the Clean Air Act, nothing in the amendments 
made by this title to section 211(o) of the Clean Air Act 
shall be construed as superseding, or limiting, any more 
environmentally protective requirement under the Clean 
Air Act, or under any other provision of State or Federal 
law or regulation, including any environmental law or reg-
ulation.
SEC. 205. BIOMASS BASED DIESEL AND BIODIESEL LABEL-
ING. 
(a) IN GENERAL.—Each retail diesel fuel pump shall 
be labeled in a manner that informs consumers of the per-
cent of biomass-based diesel or biodiesel that is contained 
in the biomass-based diesel blend or biodiesel blend that is 
offered for sale, as determined by the Federal Trade Com-
mission. 
(b) LABELING REQUIREMENTS.—Not later than 180 
days after the date of enactment of this section, the Federal 
Trade Commission shall promulgate biodiesel labeling re-
quirements as follows: 
(1) Biomass-based diesel blends or biodiesel 
blends that contain less than or equal to 5 percent 
biomass-based diesel or biodiesel by volume and that 
meet ASTM D975 diesel specifications shall not re-
quire any additional labels. 
(2) Biomass based diesel blends or biodiesel 
blends that contain more than 5 percent biomass- 
based diesel or biodiesel by volume but not more than 
20 percent by volume shall be labeled ‘‘contains bio-
mass-based diesel or biodiesel in quantities between 5 
percent and 20 percent’’. 
(3) Biomass-based diesel or biodiesel blends that 
contain more than 20 percent biomass based or bio-
diesel by volume shall be labeled ‘‘contains more than 
20 percent biomass-based diesel or biodiesel’’. 
(c) DEFINITIONS.—In this section: 
(1) ASTM.—The term ‘‘ASTM’’ means the Amer-
ican Society of Testing and Materials. 
(2) BIOMASS-BASED
DIESEL.—The term ‘‘bio-
mass-based diesel’’ means biodiesel as defined in sec-
tion 312(f) of the Energy Policy Act of 1992 (42 
U.S.C. 13220(f)). 
(3) BIODIESEL.—The term ‘‘biodiesel’’ means the 
monoalkyl esters of long chain fatty acids derived 
from plant or animal matter that meet— 
(A) the registration requirements for fuels 
and fuel additives under this section; and 
(B) the requirements of ASTM standard 
D6751. 
(4) BIOMASS-BASED
DIESEL
AND
BIODIESEL 
BLENDS.—The terms ‘‘biomass-based diesel blend’’ 
and ‘‘biodiesel blend’’ means a blend of ‘‘biomass- 
based diesel’’ or ‘‘biodiesel’’ fuel that is blended with 
petroleum based diesel fuel. 
SEC. 206. STUDY OF CREDITS FOR USE OF RENEWABLE 
ELECTRICITY IN ELECTRIC VEHICLES. 
(a) DEFINITION OF ELECTRIC VEHICLE.—In this sec-
tion, the term ‘‘electric vehicle’’ means an electric motor ve-
hicle (as defined in section 601 of the Energy Policy Act 
of 1992 (42 U.S.C. 13271)) for which the rechargeable stor-
age battery— 
(1) receives a charge directly from a source of 
electric current that is external to the vehicle; and 
(2) provides a minimum of 80 percent of the mo-
tive power of the vehicle. 
(b) STUDY.—The Administrator of the Environmental 
Protection Agency shall conduct a study on the feasibility 
of issuing credits under the program established under sec-
tion 211(o) of the Clean Air Act to electric vehicles powered 
by electricity produced from renewable energy sources. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Energy and 
Commerce of the United States House of Representatives a 
report that describes the results of the study, including a 
description of— 
(1) existing programs and studies on the use of 
renewable electricity as a means of powering electric 
vehicles; and 
(2) alternatives for— 
(A) designing a pilot program to determine 
the feasibility of using renewable electricity to
power electric vehicles as an adjunct to a renew-
able fuels mandate; 
(B) allowing the use, under the pilot pro-
gram designed under subparagraph (A), of elec-
tricity generated from nuclear energy as an ad-
ditional source of supply; 
(C) identifying the source of electricity used 
to power electric vehicles; and 
(D) equating specific quantities of elec-
tricity to quantities of renewable fuel under sec-
tion 211(o) of the Clean Air Act. 
SEC. 
207. 
GRANTS 
FOR 
PRODUCTION 
OF 
ADVANCED 
BIOFUELS. 
(a) IN GENERAL.—The Secretary of Energy shall es-
tablish a grant program to encourage the production of ad-
vanced biofuels. 
(b) REQUIREMENTS
AND
PRIORITY.—In making 
grants under this section, the Secretary— 
(1) shall make awards to the proposals for ad-
vanced biofuels with the greatest reduction in lifecycle 
greenhouse gas emissions compared to the comparable 
motor vehicle fuel lifecycle emissions during calendar 
year 2005; and
(2) shall not make an award to a project that 
does not achieve at least a 80 percent reduction in 
such lifecycle greenhouse gas emissions. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000,000 for the period of fiscal years 2008 through 
2015. 
SEC. 208. INTEGRATED CONSIDERATION OF WATER QUAL-
ITY IN DETERMINATIONS ON FUELS AND 
FUEL ADDITIVES. 
Section 211(c)(1) of the Clean Air Act (42 U.S.C. 
7545(c)(1)) is amended as follows: 
(1) By striking ‘‘nonroad vehicle (A) if in the 
judgment of the Administrator’’ and inserting 
‘‘nonroad vehicle if, in the judgment of the Adminis-
trator, any fuel or fuel additive or’’; and 
(2) In subparagraph (A), by striking ‘‘air pollu-
tion which’’ and inserting ‘‘air pollution or water 
pollution (including any degradation in the quality 
of groundwater) that’’. 
SEC. 209. ANTI-BACKSLIDING. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
amended by adding at the end the following: 
‘‘(v) PREVENTION
OF
AIR
QUALITY
DETERIORA-
TION.—
100 
‘‘(1) STUDY.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this sub-
section, the Administrator shall complete a study 
to determine whether the renewable fuel volumes 
required by this section will adversely impact air 
quality as a result of changes in vehicle and en-
gine emissions of air pollutants regulated under 
this Act. 
‘‘(B) CONSIDERATIONS.—The study shall 
include consideration of— 
‘‘(i) different blend levels, types of re-
newable fuels, and available vehicle tech-
nologies; and 
‘‘(ii) appropriate national, regional, 
and local air quality control measures. 
‘‘(2) REGULATIONS.—Not later than 3 years 
after the date of enactment of this subsection, the Ad-
ministrator shall— 
‘‘(A) promulgate fuel regulations to imple-
ment appropriate measures to mitigate, to the 
greatest extent achievable, considering the results 
of the study under paragraph (1), any adverse 
impacts on air quality, as the result of the re-
newable volumes required by this section; or
101 
‘‘(B) make a determination that no such 
measures are necessary.’’. 
SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND 
TRANSITION RULES. 
(a) TRANSITION RULES.—(1) For calendar year 2008, 
transportation fuel sold or introduced into commerce in the 
United States (except in noncontiguous States or terri-
tories), that is produced from facilities that commence con-
struction after the date of enactment of this Act shall be 
treated as renewable fuel within the meaning of section 
211(o) of the Clean Air Act only if it achieves at least a 
20 percent reduction in lifecycle greenhouse gas emissions 
compared to baseline lifecycle greenhouse gas emissions. For 
calendar years 2008 and 2009, any ethanol plant that is 
fired with natural gas, biomass, or any combination thereof 
is deemed to be in compliance with such 20 percent reduc-
tion requirement and with the 20 percent reduction require-
ment of section 211(o)(1) of the Clean Air Act. The terms 
used in this subsection shall have the same meaning as pro-
vided in the amendment made by this Act to section 211(o) 
of the Clean Air Act. 
(2) Until January 1, 2009, the Administrator of the 
Environmental Protection Agency shall implement section 
211(o) of the Clean Air Act and the rules promulgated 
under that section in accordance with the provisions of that
102 
section as in effect before the enactment of this Act and in 
accordance with the rules promulgated before the enactment 
of this Act, except that for calendar year 2008, the number 
‘‘8.5’’ shall be substituted for the number ‘‘5.4’’ in the table 
in section 211(o)(2)(B) and in the corresponding rules pro-
mulgated to carry out those provisions. The Administrator 
is authorized to take such other actions as may be necessary 
to carry out this paragraph notwithstanding any other pro-
vision of law. 
(b) SAVINGS CLAUSE.—Section 211(o) of the Clean Air 
Act (42 U.S.C. 7545(o)) is amended by adding the following 
new paragraph at the end thereof: 
‘‘(13) EFFECT ON OTHER PROVISIONS.—Nothing 
in this subsection, or regulations issued pursuant to 
this subsection, shall affect or be construed to affect 
the regulatory status of carbon dioxide or any other 
greenhouse gas, or to expand or limit regulatory au-
thority regarding carbon dioxide or any other green-
house gas, for purposes of other provisions (including 
section 165) of this Act. The previous sentence shall 
not affect implementation and enforcement of this 
subsection.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
title to section 211(o) of the Clean Air Act shall take effect 
January 1, 2009, except that the Administrator shall pro-
103 
mulgate regulations to carry out such amendments not later 
than one year after the enactment of this Act. 
Subtitle B—Biofuels Research and 
Development 
SEC. 221. BIODIESEL. 
(a) BIODIESEL STUDY.—Not later than 180 days after 
the date of enactment of this Act, the Secretary, in consulta-
tion with the Administrator of the Environmental Protec-
tion Agency, shall submit to Congress a report on any re-
search and development challenges inherent in increasing 
the proportion of diesel fuel sold in the United States that 
is biodiesel. 
(b) MATERIAL FOR THE ESTABLISHMENT OF STAND-
ARDS.—The Director of the National Institute of Standards 
and Technology, in consultation with the Secretary, shall 
make publicly available the physical property data and 
characterization of biodiesel and other biofuels as appro-
priate. 
SEC. 222. BIOGAS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary, in consultation with the Adminis-
trator of the Environmental Protection Agency, shall sub-
mit to Congress a report on any research and development 
challenges inherent in increasing the amount of transpor-
104 
tation fuels sold in the United States that are fuel with 
biogas or a blend of biogas and natural gas. 
SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH 
AND DEVELOPMENT IN CERTAIN STATES. 
(a) IN GENERAL.—The Secretary shall provide grants 
to eligible entities for research, development, demonstration, 
and commercial application of biofuel production tech-
nologies in States with low rates of ethanol production, in-
cluding low rates of production of cellulosic biomass eth-
anol, as determined by the Secretary. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, an entity shall— 
(1)(A) be an institution of higher education (as 
defined in section 2 of the Energy Policy Act of 2005 
(42 U.S.C. 15801)), including tribally controlled col-
leges or universities, located in a State described in 
subsection (a); or 
(B) be a consortium including at least 1 such in-
stitution of higher education, and industry, State 
agencies, Indian tribal agencies, National Labora-
tories, or local government agencies located in the 
State; and 
(2) have proven experience and capabilities with 
relevant technologies.
105 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
this section $25,000,000 for each of fiscal years 2008 
through 2010. 
SEC. 224. BIOREFINERY ENERGY EFFICIENCY. 
Section 932 of Energy Policy Act of 2005 (42 U.S.C. 
16232) is amended by adding at the end the following new 
subsections: 
‘‘(g) BIOREFINERY ENERGY EFFICIENCY.—The Sec-
retary shall establish a program of research, development, 
demonstration, and commercial application for increasing 
energy efficiency and reducing energy consumption in the 
operation of biorefinery facilities. 
‘‘(h) RETROFIT TECHNOLOGIES FOR THE DEVELOP-
MENT OF ETHANOL FROM CELLULOSIC MATERIALS.—The 
Secretary shall establish a program of research, develop-
ment, demonstration, and commercial application on tech-
nologies and processes to enable biorefineries that exclu-
sively use corn grain or corn starch as a feedstock to 
produce ethanol to be retrofitted to accept a range of bio-
mass, including lignocellulosic feedstocks.’’. 
SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED 
VEHICLES TO USE E–85 FUEL. 
(a) IN GENERAL.—The Secretary, in consultation with 
the Secretary of Transportation and the Administrator of
106 
the Environmental Protection Agency, shall conduct a 
study of whether optimizing flexible fueled vehicles to oper-
ate using E–85 fuel would increase the fuel efficiency of 
flexible fueled vehicles. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Science and Technology and the Committee 
on Energy and Commerce of the House of Representatives, 
and to the Committee on Energy and Natural Resources, 
the Committee on Environment and Public Works, and the 
Committee on Commerce, Science, and Transportation of 
the Senate, a report that describes the results of the study 
under this section, including any recommendations of the 
Secretary. 
SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORM-
ANCE ASSOCIATED WITH THE USE OF BIO-
DIESEL. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Secretary, in consultation 
with the Administrator of the Environmental Protection 
Agency, shall initiate a study on the effects of the use of 
biodiesel on the performance and durability of engines and 
engine systems. 
(b) COMPONENTS.—The study under this section shall 
include—
107 
(1) an assessment of whether the use of biodiesel 
lessens the durability and performance of conven-
tional diesel engines and engine systems; and 
(2) an assessment of the effects referred to in sub-
section (a) with respect to biodiesel blends at varying 
concentrations, including the following percentage 
concentrations of biodiesel: 
(A) 5 percent biodiesel. 
(B) 10 percent biodiesel. 
(C) 20 percent biodiesel. 
(D) 30 percent biodiesel. 
(E) 100 percent biodiesel. 
(c) REPORT.—Not later than 24 months after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Science and Technology and the Committee 
on Energy and Commerce of the House of Representatives, 
and to the Committee on Energy and Natural Resources 
and the Committee on Environment and Public Works of 
the Senate, a report that describes the results of the study 
under this section, including any recommendations of the 
Secretary. 
SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN 
NATURAL GAS VEHICLES. 
(a) IN GENERAL.—The Secretary, in consultation with 
the Administrator of the Environmental Protection Agency
109 
(b) CONTENTS.—The report shall identify continuing 
research and development challenges and any regulatory or 
other barriers found by the Secretary that hinder the use 
of this resource, as well as recommendations on how to en-
courage and further its development as a viable transpor-
tation fuel. 
SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CEN-
TER. 
(a) IN GENERAL.—The Secretary, in cooperation with 
the Secretary of Agriculture, shall establish a biofuels and 
biorefinery information center to make available to inter-
ested parties information on— 
(1) renewable fuel feedstocks, including the vari-
eties of fuel capable of being produced from various 
feedstocks; 
(2) biorefinery processing techniques related to 
various renewable fuel feedstocks; 
(3) the distribution, blending, storage, and retail 
dispensing infrastructure necessary for the transport 
and use of renewable fuels; 
(4) Federal and State laws and incentives re-
lated to renewable fuel production and use; 
(5) renewable fuel research and development ad-
vancements;
110 
(6) renewable fuel development and biorefinery 
processes and technologies; 
(7) renewable fuel resources, including informa-
tion on programs and incentives for renewable fuels; 
(8) renewable fuel producers; 
(9) renewable fuel users; and 
(10) potential renewable fuel users. 
(b) ADMINISTRATION.—In administering the biofuels 
and biorefinery information center, the Secretary shall— 
(1) continually update information provided by 
the center; 
(2) make information available relating to proc-
esses and technologies for renewable fuel production; 
(3) make information available to interested par-
ties on the process for establishing a biorefinery; and 
(4) make information and assistance provided by 
the center available through a toll-free telephone num-
ber and website. 
(c) COORDINATION AND NONDUPLICATION.—To max-
imum extent practicable, the Secretary shall ensure that the 
activities under this section are coordinated with, and do 
not duplicate the efforts of, centers at other government 
agencies.
111 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RE-
SEARCH. 
(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘‘eligible entity’’ means— 
(1) an 1890 Institution (as defined in section 2 
of the Agricultural Research, Extension, and Edu-
cation Reform Act of 1998 (7 U.S.C. 7061)); 
(2) a part B institution (as defined in section 
322 of the Higher Education Act of 1965 (20 U.S.C. 
1061)) (commonly referred to as ‘‘Historically Black 
Colleges and Universities’’); 
(3) a tribal college or university (as defined in 
section 316(b) of the Higher Education Act of 1965 
(20 U.S.C. 1059c(b)); or 
(4) a Hispanic-serving institution (as defined in 
section 502(a) of the Higher Education Act of 1965 
(20 U.S.C. 1101a(a)). 
(b) GRANTS.—The Secretary shall make cellulosic eth-
anol and biofuels research and development grants to 10 
eligible entities selected by the Secretary to receive a grant 
under this section through a peer-reviewed competitive proc-
ess.
112 
(c) COLLABORATION.—An eligible entity that is se-
lected to receive a grant under subsection (b) shall collabo-
rate with 1 of the Bioenergy Research Centers of the Office 
of Science of the Department. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to make 
grants described in subsection (b) $50,000,000 for fiscal 
year 2008, to remain available until expended. 
SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AU-
THORIZATION OF APPROPRIATION. 
Section 931 of the Energy Policy Act of 2005 (42 
U.S.C. 16231) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) $963,000,000 for fiscal year 2010.’’; and 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘$251,000,000’’ and in-
serting ‘‘$377,000,000’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) in paragraph (3)—
113 
(i) by striking ‘‘$274,000,000’’ and in-
serting ‘‘$398,000,000’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) $419,000,000 for fiscal year 2010, of which 
$150,000,000 shall be for section 932(d).’’. 
SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—Section 977 of the Energy Policy 
Act of 2005 (42 U.S.C. 16317) is amended— 
(1) in subsection (a)(1), by striking ‘‘and com-
putational biology’’ and inserting ‘‘computational bi-
ology, and environmental science’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘in sus-
tainable production systems that reduce green-
house gas emissions’’ after ‘‘hydrogen’’; 
(B) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(C) by redesignating paragraph (4) as 
paragraph (5); and 
(D) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) develop cellulosic and other feedstocks that 
are less resource and land intensive and that promote
114 
sustainable use of resources, including soil, water, en-
ergy, forests, and land, and ensure protection of air, 
water, and soil quality; and’’. 
(b) TOOLS AND EVALUATION.—Section 307(d) of the 
Biomass Research and Development Act of 2000 (7 U.S.C. 
8606(d)) is amended— 
(1) in paragraph (3)(E), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) the improvement and development of ana-
lytical tools to facilitate the analysis of life-cycle en-
ergy and greenhouse gas emissions, including emis-
sions related to direct and indirect land use changes, 
attributable to all potential biofuel feedstocks and pro-
duction processes; and 
‘‘(6) the systematic evaluation of the impact of 
expanded biofuel production on the environment, in-
cluding forest lands, and on the food supply for hu-
mans and animals.’’. 
(c) 
SMALL-SCALE
PRODUCTION
AND
USE
OF 
BIOFUELS.—Section 307(e) of the Biomass Research and 
Development Act of 2000 (7 U.S.C. 8606(e)) is amended—
115 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) to facilitate small-scale production, local, 
and on-farm use of biofuels, including the develop-
ment of small-scale gasification technologies for pro-
duction of biofuel from cellulosic feedstocks.’’. 
SEC. 233. BIOENERGY RESEARCH CENTERS. 
Section 977 of the Energy Policy Act of 2005 (42 
U.S.C. 16317) is amended by adding at the end the fol-
lowing: 
‘‘(f) BIOENERGY RESEARCH CENTERS.— 
‘‘(1) ESTABLISHMENT
OF
CENTERS.—In car-
rying out the program under subsection (a), the Sec-
retary shall establish at least 7 bioenergy research 
centers, which may be of varying size. 
‘‘(2) GEOGRAPHIC
DISTRIBUTION.—The Sec-
retary shall establish at least 1 bioenergy research 
center in each Petroleum Administration for Defense 
District or Subdistrict of a Petroleum Administration 
for Defense District. 
‘‘(3) GOALS.—The goals of the centers established 
under this subsection shall be to accelerate basic
116 
transformational 
research 
and 
development 
of 
biofuels, including biological processes. 
‘‘(4) SELECTION AND DURATION.— 
‘‘(A) IN
GENERAL.—A center under this 
subsection shall be selected on a competitive basis 
for a period of 5 years. 
‘‘(B) REAPPLICATION.—After the end of the 
period described in subparagraph (A), a grantee 
may reapply for selection on a competitive basis. 
‘‘(5) INCLUSION.—A center that is in existence 
on the date of enactment of this subsection— 
‘‘(A) shall be counted towards the require-
ment for establishment of at least 7 bioenergy re-
search centers; and 
‘‘(B) may continue to receive support for a 
period of 5 years beginning on the date of estab-
lishment of the center.’’. 
SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOP-
MENT GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
competitive grant program, in a geographically diverse 
manner, for projects submitted for consideration by institu-
tions of higher education to conduct research and develop-
ment of renewable energy technologies. Each grant made 
shall not exceed $2,000,000.
117 
(b) ELIGIBILITY.—Priority shall be given to institu-
tions of higher education with— 
(1) established programs of research in renewable 
energy; 
(2) locations that are low income or outside of 
an urbanized area; 
(3) a joint venture with an Indian tribe; and 
(4) proximity to trees dying of disease or insect 
infestation as a source of woody biomass. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary $25,000,000 
for carrying out this section. 
(d) DEFINITIONS.—In this section: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning as defined in section 126(c) of the En-
ergy Policy Act of 2005. 
(2) RENEWABLE ENERGY.—The term ‘‘renewable 
energy’’ has the meaning as defined in section 902 of 
the Energy Policy Act of 2005. 
(3) URBANIZED
AREA.—The term ‘‘urbanized 
area’’ has the mean as defined by the U.S. Bureau of 
the Census.
118 
Subtitle C—Biofuels Infrastructure 
SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RE-
STRICTIONS RELATED TO RENEWABLE FUEL 
INFRASTRUCTURE. 
(a) IN GENERAL.—Title I of the Petroleum Marketing 
Practices Act (15 U.S.C. 2801 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLA-
TION OF RENEWABLE FUEL PUMPS. 
‘‘(a) DEFINITION.—In this section: 
‘‘(1) RENEWABLE FUEL.—The term ‘renewable 
fuel’ means any fuel— 
‘‘(A) at least 85 percent of the volume of 
which consists of ethanol; or 
‘‘(B) any mixture of biodiesel and diesel or 
renewable diesel (as defined in regulations adopt-
ed pursuant to section 211(o) of the Clean Air 
Act (40 CFR, Part 80)), determined without re-
gard to any use of kerosene and containing at 
least 20 percent biodiesel or renewable diesel. 
‘‘(2) 
FRANCHISE-RELATED
DOCUMENT.—The 
term ‘franchise-related document’ means— 
‘‘(A) a franchise under this Act; and
119 
‘‘(B) any other contract or directive of a 
franchisor relating to terms or conditions of the 
sale of fuel by a franchisee. 
‘‘(b) PROHIBITIONS.— 
‘‘(1) IN
GENERAL.—No franchise-related docu-
ment entered into or renewed on or after the date of 
enactment of this section shall contain any provision 
allowing a franchisor to restrict the franchisee or any 
affiliate of the franchisee from— 
‘‘(A) installing on the marketing premises 
of the franchisee a renewable fuel pump or tank, 
except that the franchisee’s franchisor may re-
strict the installation of a tank on leased mar-
keting premises of such franchisor; 
‘‘(B) converting an existing tank or pump 
on the marketing premises of the franchisee for 
renewable fuel use, so long as such tank or pump 
and the piping connecting them are either war-
ranted by the manufacturer or certified by a rec-
ognized standards setting organization to be 
suitable for use with such renewable fuel; 
‘‘(C) advertising (including through the use 
of signage) the sale of any renewable fuel; 
‘‘(D) selling renewable fuel in any specified 
area on the marketing premises of the franchisee
120 
(including any area in which a name or logo of 
a franchisor or any other entity appears); 
‘‘(E) purchasing renewable fuel from sources 
other than the franchisor if the franchisor does 
not offer its own renewable fuel for sale by the 
franchisee; 
‘‘(F) listing renewable fuel availability or 
prices, including on service station signs, fuel 
dispensers, or light poles; or 
‘‘(G) allowing for payment of renewable fuel 
with a credit card, 
so long as such activities described in subparagraphs 
(A) through (G) do not constitute mislabeling, mis-
branding, willful adulteration, or other trademark 
violations by the franchisee. 
‘‘(2) EFFECT OF PROVISION.—Nothing in this 
section shall be construed to preclude a franchisor 
from requiring the franchisee to obtain reasonable in-
demnification and insurance policies. 
‘‘(c) EXCEPTION
TO 3-GRADE REQUIREMENT.—No 
franchise-related document that requires that 3 grades of 
gasoline be sold by the applicable franchisee shall prevent 
the franchisee from selling an renewable fuel in lieu of 1, 
and only 1, grade of gasoline.’’.
121 
(b) ENFORCEMENT.—Section 105 of the Petroleum 
Marketing Practices Act (15 U.S.C. 2805) is amended by 
striking ‘‘102 or 103’’ each place it appears and inserting 
‘‘102, 103, or 107’’. 
(c) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 101(13) of the Petro-
leum Marketing Practices Act (15 U.S.C. 2801(13)) is 
amended by aligning the margin of subparagraph (C) 
with subparagraph (B). 
(2) TABLE OF CONTENTS.—The table of contents 
of the Petroleum Marketing Practices Act (15 U.S.C. 
2801 note) is amended— 
(A) by inserting after the item relating to 
section 106 the following: 
‘‘Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.’’; 
and 
(B) by striking the item relating to section 
202 and inserting the following: 
‘‘Sec. 202. Automotive fuel rating testing and disclosure requirements.’’. 
SEC. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS. 
(a) MARKET PENETRATION REPORTS.—The Secretary, 
in consultation with the Secretary of Transportation, shall 
determine and report to Congress annually on the market 
penetration for flexible-fuel vehicles in use within geo-
graphic regions to be established by the Secretary.
122 
(b) DISPENSER FEASIBILITY STUDY.—Not later than 
24 months after the date of enactment of this Act, the Sec-
retary, in consultation with the Department of Transpor-
tation, shall report to the Congress on the feasibility of re-
quiring motor fuel retailers to install E–85 compatible dis-
pensers and related systems at retail fuel facilities in re-
gions where flexible-fuel vehicle market penetration has 
reached 15 percent of motor vehicles. In conducting such 
study, the Secretary shall consider and report on the fol-
lowing factors: 
(1) The commercial availability of E–85 fuel 
and the number of competing E–85 wholesale sup-
pliers in a given region. 
(2) The level of financial assistance provided on 
an annual basis by the Federal Government, State 
governments, and nonprofit entities for the installa-
tion of E–85 compatible infrastructure. 
(3) The number of retailers whose retail locations 
are unable to support more than 2 underground stor-
age tank dispensers. 
(4) The expense incurred by retailers in the in-
stallation and sale of E–85 compatible dispensers and 
related systems and any potential effects on the price 
of motor vehicle fuel.
123 
SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Transportation, shall conduct a study 
of the feasibility of the construction of pipelines dedicated 
to the transportation of ethanol. 
(b) FACTORS FOR CONSIDERATION.—In conducting the 
study under subsection (a), the Secretary shall take into 
consideration— 
(1) the quantity of ethanol production that 
would make dedicated pipelines economically viable; 
(2) existing or potential barriers to the construc-
tion of pipelines dedicated to the transportation of 
ethanol, including technical, siting, financing, and 
regulatory barriers; 
(3) market risk (including throughput risk) and 
means of mitigating the risk; 
(4) regulatory, financing, and siting options that 
would mitigate the risk and help ensure the construc-
tion of 1 or more pipelines dedicated to the transpor-
tation of ethanol; 
(5) financial incentives that may be necessary 
for the construction of pipelines dedicated to the 
transportation of ethanol, including the return on eq-
uity that sponsors of the initial dedicated ethanol 
pipelines will require to invest in the pipelines;
124 
(6) technical factors that may compromise the 
safe transportation of ethanol in pipelines, including 
identification of remedial and preventive measures to 
ensure pipeline integrity; and 
(7) such other factors as the Secretary considers 
to be appropriate. 
(c) REPORT.—Not later than 15 months after the date 
of enactment of this Act, the Secretary shall submit to Con-
gress a report describing the results of the study conducted 
under this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $1,000,000 for each of fiscal years 2008 and 
2009, to remain available until expended. 
SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS. 
(a) DEFINITION OF RENEWABLE FUEL BLEND.—For 
purposes of this section, the term ‘‘renewable fuel blend’’ 
means gasoline blend that contain not less than 11 percent, 
and not more than 85 percent, renewable fuel or diesel fuel 
that contains at least 10 percent renewable fuel. 
(b) INFRASTRUCTURE DEVELOPMENT GRANTS.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish a program for making grants for providing as-
sistance to retail and wholesale motor fuel dealers or 
other entities for the installation, replacement, or con-
125 
version of motor fuel storage and dispensing infra-
structure to be used exclusively to store and dispense 
renewable fuel blends. 
(2) SELECTION
CRITERIA.—Not later than 12 
months after the date of enactment of this Act, the 
Secretary shall establish criteria for evaluating appli-
cations for grants under this subsection that will 
maximize the availability and use of renewable fuel 
blends, and that will ensure that renewable fuel blends 
are available across the country. Such criteria shall 
provide for— 
(A) consideration of the public demand for 
each renewable fuel blend in a particular geo-
graphic area based on State registration records 
showing the number of flexible-fuel vehicles; 
(B) consideration of the opportunity to cre-
ate or expand corridors of renewable fuel blend 
stations along interstate or State highways; 
(C) consideration of the experience of each 
applicant with previous, similar projects; 
(D) consideration of population, number of 
flexible-fuel vehicles, number of retail fuel outlets, 
and saturation of flexible-fuel vehicles; and 
(E) priority consideration to applications 
that—
126 
(i) are most likely to maximize dis-
placement of petroleum consumption, meas-
ured as a total quantity and a percentage; 
(ii) are best able to incorporate exist-
ing infrastructure while maximizing, to the 
extent practicable, the use of renewable fuel 
blends; and 
(iii) demonstrate the greatest commit-
ment on the part of the applicant to ensure 
funding for the proposed project and the 
greatest likelihood that the project will be 
maintained or expanded after Federal as-
sistance under this subsection is completed. 
(3) LIMITATIONS.—Assistance provided under 
this subsection shall not exceed— 
(A) 33 percent of the estimated cost of the 
installation, replacement, or conversion of motor 
fuel storage and dispensing infrastructure; or 
(B) $180,000 for a combination of equip-
ment at any one retail outlet location. 
(4) OPERATION
OF
RENEWABLE
FUEL
BLEND 
STATIONS.—The Secretary shall establish rules that 
set forth requirements for grant recipients under this 
section that include providing to the public the renew-
able fuel blends, establishing a marketing plan that
127 
informs consumers of the price and availability of the 
renewable fuel blends, clearly labeling the dispensers 
and related equipment, and providing periodic re-
ports on the status of the renewable fuel blend sales, 
the type and amount of the renewable fuel blends dis-
pensed at each location, and the average price of such 
fuel. 
(5) NOTIFICATION
REQUIREMENTS.—Not later 
than the date on which each renewable fuel blend sta-
tion begins to offer renewable fuel blends to the public, 
the grant recipient that used grant funds to construct 
or upgrade such station shall notify the Secretary of 
such opening. The Secretary shall add each new re-
newable fuel blend station to the renewable fuel blend 
station locator on its Website when it receives notifi-
cation under this subsection. 
(6) DOUBLE COUNTING.—No person that receives 
a credit under section 30C of the Internal Revenue 
Code of 1986 may receive assistance under this sec-
tion. 
(7) RESERVATION
OF
FUNDS.—The Secretary 
shall reserve funds appropriated for the renewable fuel 
blends infrastructure development grant program for 
technical and marketing assistance described in sub-
section (c).
128 
(c) RETAIL TECHNICAL
AND MARKETING ASSIST-
ANCE.—The Secretary shall enter into contracts with enti-
ties with demonstrated experience in assisting retail fueling 
stations in installing refueling systems and marketing re-
newable fuel blends nationally, for the provision of technical 
and marketing assistance to recipients of grants under this 
section. Such assistance shall include— 
(1) technical advice for compliance with applica-
ble Federal and State environmental requirements; 
(2) help in identifying supply sources and secur-
ing long-term contracts; and 
(3) provision of public outreach, education, and 
labeling materials. 
(d) REFUELING INFRASTRUCTURE CORRIDORS.— 
(1) IN GENERAL.—The Secretary shall establish 
a competitive grant pilot program (referred to in this 
subsection as the ‘‘pilot program’’), to be administered 
through the Vehicle Technology Deployment Program 
of the Department, to provide not more than 10 geo-
graphically-dispersed project grants to State govern-
ments, Indian tribal governments, local governments, 
metropolitan transportation authorities, or partner-
ships of those entities to carry out 1 or more projects 
for the purposes described in paragraph (2).
129 
(2) GRANT PURPOSES.—A grant under this sub-
section shall be used for the establishment of refueling 
infrastructure corridors, as designated by the Sec-
retary, for renewable fuel blends, including— 
(A) installation of infrastructure and equip-
ment necessary to ensure adequate distribution of 
renewable fuel blends within the corridor; 
(B) installation of infrastructure and 
equipment necessary to directly support vehicles 
powered by renewable fuel blends; and 
(C) operation and maintenance of infra-
structure and equipment installed as part of a 
project funded by the grant. 
(3) APPLICATIONS.— 
(A) REQUIREMENTS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), not later than 90 days after the date of 
enactment of this Act, the Secretary shall 
issue requirements for use in applying for 
grants under the pilot program. 
(ii) MINIMUM REQUIREMENTS.—At a 
minimum, the Secretary shall require that 
an application for a grant under this sub-
section— 
(I) be submitted by—
130 
(aa) the head of a State, trib-
al, or local government or a met-
ropolitan transportation author-
ity, or any combination of those 
entities; and 
(bb) a registered participant 
in the Vehicle Technology Deploy-
ment Program of the Department; 
and 
(II) include— 
(aa) a description of the 
project proposed in the applica-
tion, including the ways in which 
the project meets the requirements 
of this subsection; 
(bb) an estimate of the degree 
of use of the project, including the 
estimated size of fleet of vehicles 
operated 
with 
renewable 
fuels 
blend available within the geo-
graphic region of the corridor, 
measured as a total quantity and 
a percentage; 
(cc) an estimate of the poten-
tial petroleum displaced as a re-
131 
sult of the project (measured as a 
total quantity and a percentage), 
and a plan to collect and dissemi-
nate petroleum displacement and 
other relevant data relating to the 
project to be funded under the 
grant, over the expected life of the 
project; 
(dd) a description of the 
means by which the project will be 
sustainable without Federal as-
sistance after the completion of 
the term of the grant; 
(ee) a complete description of 
the costs of the project, including 
acquisition, 
construction, 
oper-
ation, and maintenance costs over 
the expected life of the project; and 
(ff) a description of which 
costs of the project will be sup-
ported 
by 
Federal 
assistance 
under this subsection. 
(B) PARTNERS.—An applicant under sub-
paragraph (A) may carry out a project under
132 
the pilot program in partnership with public 
and private entities. 
(4) SELECTION CRITERIA.—In evaluating appli-
cations under the pilot program, the Secretary 
shall— 
(A) consider the experience of each appli-
cant with previous, similar projects; and 
(B) give priority consideration to applica-
tions that— 
(i) are most likely to maximize dis-
placement of petroleum consumption, meas-
ured as a total quantity and a percentage; 
(ii) are best able to incorporate exist-
ing infrastructure while maximizing, to the 
extent practicable, the use of advanced 
biofuels; 
(iii) demonstrate the greatest commit-
ment on the part of the applicant to ensure 
funding for the proposed project and the 
greatest likelihood that the project will be 
maintained or expanded after Federal as-
sistance under this subsection is completed; 
(iv) represent a partnership of public 
and private entities; and
133 
(v) exceed the minimum requirements 
of paragraph (3)(A)(ii). 
(5) PILOT PROJECT REQUIREMENTS.— 
(A) MAXIMUM
AMOUNT.—The Secretary 
shall provide not more than $20,000,000 in Fed-
eral assistance under the pilot program to any 
applicant. 
(B) COST SHARING.—The non-Federal share 
of the cost of any activity relating to renewable 
fuel blend infrastructure development carried out 
using funds from a grant under this subsection 
shall be not less than 20 percent. 
(C) MAXIMUM
PERIOD
OF
GRANTS.—The 
Secretary shall not provide funds to any appli-
cant under the pilot program for more than 2 
years. 
(D) DEPLOYMENT AND DISTRIBUTION.—The 
Secretary shall seek, to the maximum extent 
practicable, to ensure a broad geographic dis-
tribution of project sites funded by grants under 
this subsection. 
(E) 
TRANSFER
OF
INFORMATION
AND 
KNOWLEDGE.—The 
Secretary 
shall 
establish 
mechanisms to ensure that the information and 
knowledge gained by participants in the pilot
134 
program are transferred among the pilot pro-
gram participants and to other interested par-
ties, including other applicants that submitted 
applications. 
(6) SCHEDULE.— 
(A) INITIAL GRANTS.— 
(i) IN GENERAL.—Not later than 90 
days after the date of enactment of this Act, 
the Secretary shall publish in the Federal 
Register, Commerce Business Daily, and 
such other publications as the Secretary 
considers to be appropriate, a notice and re-
quest for applications to carry out projects 
under the pilot program. 
(ii) DEADLINE.—An application de-
scribed in clause (i) shall be submitted to 
the Secretary by not later than 180 days 
after the date of publication of the notice 
under that clause. 
(iii) INITIAL
SELECTION.—Not later 
than 90 days after the date by which appli-
cations for grants are due under clause (ii), 
the Secretary shall select by competitive, 
peer-reviewed proposal up to 5 applications
135 
for projects to be awarded a grant under the 
pilot program. 
(B) ADDITIONAL GRANTS.— 
(i) IN
GENERAL.—Not later than 2 
years after the date of enactment of this Act, 
the Secretary shall publish in the Federal 
Register, Commerce Business Daily, and 
such other publications as the Secretary 
considers to be appropriate, a notice and re-
quest for additional applications to carry 
out projects under the pilot program that 
incorporate the information and knowledge 
obtained through the implementation of the 
first round of projects authorized under the 
pilot program. 
(ii) DEADLINE.—An application de-
scribed in clause (i) shall be submitted to 
the Secretary by not later than 180 days 
after the date of publication of the notice 
under that clause. 
(iii) INITIAL
SELECTION.—Not later 
than 90 days after the date by which appli-
cations for grants are due under clause (ii), 
the Secretary shall select by competitive, 
peer-reviewed proposal such additional ap-
136 
plications for projects to be awarded a 
grant under the pilot program as the Sec-
retary determines to be appropriate. 
(7) REPORTS TO CONGRESS.— 
(A) INITIAL
REPORT.—Not later than 60 
days after the date on which grants are awarded 
under this subsection, the Secretary shall submit 
to Congress a report containing— 
(i) an identification of the grant re-
cipients and a description of the projects to 
be funded under the pilot program; 
(ii) an identification of other appli-
cants that submitted applications for the 
pilot program but to which funding was not 
provided; and 
(iii) a description of the mechanisms 
used by the Secretary to ensure that the in-
formation and knowledge gained by partici-
pants in the pilot program are transferred 
among the pilot program participants and 
to other interested parties, including other 
applicants that submitted applications. 
(B) EVALUATION.—Not later than 2 years 
after the date of enactment of this Act, and an-
nually thereafter until the termination of the
137 
pilot program, the Secretary shall submit to 
Congress a report containing an evaluation of 
the effectiveness of the pilot program, including 
an assessment of the petroleum displacement and 
benefits to the environment derived from the 
projects included in the pilot program. 
(e) RESTRICTION.—No grant shall be provided under 
subsection (b) or (c) to a large, vertically integrated oil com-
pany. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section $200,000,000 for each of the fiscal years 
2008 through 2014. 
SEC. 245. STUDY OF THE ADEQUACY OF TRANSPORTATION 
OF DOMESTICALLY-PRODUCED RENEWABLE 
FUEL BY RAILROADS AND OTHER MODES OF 
TRANSPORTATION. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of Transportation, shall joint-
ly conduct a study of the adequacy of transportation 
of domestically-produced renewable fuels by railroad 
and other modes of transportation as designated by 
the Secretaries.
138 
(2) COMPONENTS.—In conducting the study 
under paragraph (1), the Secretaries shall— 
(A) consider the adequacy of existing rail-
road and other transportation and distribution 
infrastructure, equipment, service and capacity 
to move the necessary quantities of domestically- 
produced renewable fuel within the timeframes; 
(B)(i) consider the projected costs of moving 
the domestically-produced renewable fuel by rail-
road and other modes transportation; and 
(ii) consider the impact of the projected 
costs on the marketability of the domestically- 
produced renewable fuel; 
(C) identify current and potential impedi-
ments to the reliable transportation and dis-
tribution of adequate supplies of domestically- 
produced renewable fuel at reasonable prices, in-
cluding practices currently utilized by domestic 
producers, shippers, and receivers of renewable 
fuels; 
(D) consider whether adequate competition 
exists within and between modes of transpor-
tation for the transportation and distribution of 
domestically-produced renewable fuel and, wheth-
er inadequate competition leads to an unfair
140 
(H) provide recommendations on ways to 
facilitate the reliable transportation of adequate 
supplies of domestically-produced renewable fuel 
at reasonable prices. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretaries shall jointly submit 
to the Committee on Commerce, Science and Transpor-
tation, the Committee on Energy and Natural Resources, 
and the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and In-
frastructure and the Committee on Energy and Commerce 
of the House of Representatives a report that describes the 
results of the study conducted under subsection (a). 
SEC. 246. FEDERAL FLEET FUELING CENTERS. 
(a) IN GENERAL.—Not later than January 1, 2010, 
the head of each Federal agency shall install at least 1 re-
newable fuel pump at each Federal fleet fueling center in 
the United States under the jurisdiction of the head of the 
Federal agency. 
(b) REPORT.—Not later than October 31 of the first 
calendar year beginning after the date of the enactment of 
this Act, and each October 31 thereafter, the President shall 
submit to Congress a report that describes the progress to-
ward complying with subsection (a), including identi-
fying—
141 
(1) the number of Federal fleet fueling centers 
that contain at least 1 renewable fuel pump; and 
(2) the number of Federal fleet fueling centers 
that do not contain any renewable fuel pumps. 
(c) DEPARTMENT OF DEFENSE FACILITY.—This sec-
tion shall not apply to a Department of Defense fueling cen-
ter with a fuel turnover rate of less than 100,000 gallons 
of fuel per year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
amended by redesignating subsection (s) as subsection (t), 
redesignating subsection (r) (relating to conversion assist-
ance for cellulosic biomass, waste-derived ethanol, approved 
renewable fuels) as subsection (s) and by adding the fol-
lowing new subsection at the end thereof: 
‘‘(u) STANDARD SPECIFICATIONS FOR BIODIESEL.— 
(1) Unless the American Society for Testing and Materials 
has adopted a standard for diesel fuel containing 20 percent 
biodiesel (commonly known as ‘B20’) within 1 year after 
the date of enactment of this subsection, the Administrator 
shall initiate a rulemaking to establish a uniform per gal-
lon fuel standard for such fuel and designate an identifica-
142 
tion number so that vehicle manufacturers are able to de-
sign engines to use fuel meeting such standard. 
‘‘(2) Unless the American Society for Testing and Ma-
terials has adopted a standard for diesel fuel containing 
5 percent biodiesel (commonly known as ‘B5’) within 1 year 
after the date of enactment of this subsection, the Adminis-
trator shall initiate a rulemaking to establish a uniform 
per gallon fuel standard for such fuel and designate an 
identification so that vehicle manufacturers are able to de-
sign engines to use fuel meeting such standard. 
‘‘(3) Whenever the Administrator is required to ini-
tiate a rulemaking under paragraph (1) or (2), the Admin-
istrator shall promulgate a final rule within 18 months 
after the date of the enactment of this subsection. 
‘‘(4) Not later than 180 days after the enactment of 
this subsection, the Administrator shall establish an annual 
inspection and enforcement program to ensure that diesel 
fuel containing biodiesel sold or distributed in interstate 
commerce meets the standards established under regulations 
under this section, including testing and certification for 
compliance with applicable standards of the American So-
ciety for Testing and Materials. There are authorized to be 
appropriated to carry out the inspection and enforcement 
program under this paragraph $3,000,000 for each of fiscal 
years 2008 through 2010.
143 
‘‘(5) For purposes of this subsection, the term ‘bio-
diesel’ has the meaning provided by section 312(f) of Energy 
Policy Act of 1992 (42 U.S.C. 13220(f)).’’. 
SEC. 
248. 
BIOFUELS 
DISTRIBUTION 
AND 
ADVANCED 
BIOFUELS INFRASTRUCTURE. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Transportation and in consultation 
with the Administrator of the Environmental Protection 
Agency, shall carry out a program of research, development, 
and demonstration relating to existing transportation fuel 
distribution infrastructure and new alternative distribution 
infrastructure. 
(b) FOCUS.—The program described in subsection (a) 
shall focus on the physical and chemical properties of 
biofuels and efforts to prevent or mitigate against adverse 
impacts of those properties in the areas of— 
(1) corrosion of metal, plastic, rubber, cork, fi-
berglass, glues, or any other material used in pipes 
and storage tanks; 
(2) dissolving of storage tank sediments; 
(3) clogging of filters; 
(4) 
contamination 
from 
water 
or 
other 
adulterants or pollutants; 
(5) poor flow properties related to low tempera-
tures;
144 
(6) oxidative and thermal instability in long- 
term storage and uses; 
(7) microbial contamination; 
(8) problems associated with electrical conduc-
tivity; and 
(9) such other areas as the Secretary considers 
appropriate. 
Subtitle D—Environmental 
Safeguards 
SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES. 
Section 211(f)(4) of the Clean Air Act (42 U.S.C. 
7545(f)) is amended to read as follows: 
‘‘(4) The Administrator, upon application of any 
manufacturer of any fuel or fuel additive, may waive the 
prohibitions established under paragraph (1) or (3) of this 
subsection or the limitation specified in paragraph (2) of 
this subsection, if he determines that the applicant has es-
tablished that such fuel or fuel additive or a specified con-
centration thereof, and the emission products of such fuel 
or fuel additive or specified concentration thereof, will not 
cause or contribute to a failure of any emission control de-
vice or system (over the useful life of the motor vehicle, 
motor vehicle engine, nonroad engine or nonroad vehicle in 
which such device or system is used) to achieve compliance 
by the vehicle or engine with the emission standards with
145 
respect to which it has been certified pursuant to sections 
206 and 213(a). The Administrator shall take final action 
to grant or deny an application submitted under this para-
graph, after public notice and comment, within 270 days 
of the receipt of such an application.’’. 
TITLE 
III—ENERGY 
SAVINGS 
THROUGH IMPROVED STAND-
ARDS FOR APPLIANCE AND 
LIGHTING 
Subtitle A—Appliance Energy 
Efficiency 
SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STAND-
ARDS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy 
and Conservation Act (42 U.S.C. 6291) is amended— 
(1) in paragraph (36)— 
(A) by striking ‘‘(36) The’’ and inserting 
the following: 
‘‘(36) EXTERNAL POWER SUPPLY.— 
‘‘(A) IN GENERAL.—The’’; and 
(B) by adding at the end the following: 
‘‘(B) ACTIVE
MODE.—The term ‘active 
mode’ means the mode of operation when an ex-
ternal power supply is connected to the main
146 
electricity supply and the output is connected to 
a load. 
‘‘(C) CLASS A EXTERNAL POWER SUPPLY.— 
‘‘(i) IN GENERAL.—The term ‘class A 
external power supply’ means a device 
that— 
‘‘(I) is designed to convert line 
voltage AC input into lower voltage AC 
or DC output; 
‘‘(II) is able to convert to only 1 
AC or DC output voltage at a time; 
‘‘(III) is sold with, or intended to 
be used with, a separate end-use prod-
uct that constitutes the primary load; 
‘‘(IV) is contained in a separate 
physical enclosure from the end-use 
product; 
‘‘(V) is connected to the end-use 
product via a removable or hard-wired 
male/female electrical connection, cable, 
cord, or other wiring; and 
‘‘(VI) has nameplate output power 
that is less than or equal to 250 watts.
147 
‘‘(ii) EXCLUSIONS.—The term ‘class A 
external power supply’ does not include any 
device that— 
‘‘(I) requires Federal Food and 
Drug Administration listing and ap-
proval as a medical device in accord-
ance with section 513 of the Federal 
Food, Drug, and Cosmetic Act (21 
U.S.C. 360c); or 
‘‘(II) powers the charger of a de-
tachable battery pack or charges the 
battery of a product that is fully or 
primarily motor operated. 
‘‘(D) NO-LOAD MODE.—The term ‘no-load 
mode’ means the mode of operation when an ex-
ternal power supply is connected to the main 
electricity supply and the output is not con-
nected to a load.’’; and 
(2) by adding at the end the following: 
‘‘(52) DETACHABLE
BATTERY.—The term ‘de-
tachable battery’ means a battery that is— 
‘‘(A) contained in a separate enclosure from 
the product; and 
‘‘(B) intended to be removed or disconnected 
from the product for recharging.’’.
148 
(b) TEST PROCEDURES.—Section 323(b) of the Energy 
Policy and Conservation Act (42 U.S.C. 6293(b)) is amend-
ed by adding at the end the following: 
‘‘(17) CLASS A EXTERNAL POWER SUPPLIES.— 
Test procedures for class A external power supplies 
shall be based on the ‘Test Method for Calculating the 
Energy Efficiency of Single-Voltage External AC–DC 
and AC–AC Power Supplies’ published by the Envi-
ronmental Protection Agency on August 11, 2004, ex-
cept that the test voltage specified in section 4(d) of 
that test method shall be only 115 volts, 60 Hz.’’. 
(c) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL 
POWER SUPPLIES.—Section 325(u) of the Energy Policy 
and Conservation Act (42 U.S.C. 6295(u)) is amended by 
adding at the end the following: 
‘‘(6) EFFICIENCY STANDARDS FOR CLASS A EX-
TERNAL POWER SUPPLIES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (D), a class A external power 
supply manufactured on or after the later of 
July 1, 2008, or the date of enactment of this 
paragraph shall meet the following standards:
149 
‘‘Active Mode 
‘‘Nameplate Output 
Required Efficiency 
(decimal equivalent of a per-
centage) 
Less than 1 watt 
0.5 times the Nameplate Output 
From 1 watt to not more than 51 
watts 
The sum of 0.09 times the Natural 
Logarithm of the Nameplate Output 
and 0.5 
Greater than 51 watts 
0.85 
‘‘No-Load Mode 
‘‘Nameplate Output 
Maximum Consumption 
Not more than 250 watts 
0.5 watts 
‘‘(B) NONCOVERED SUPPLIES.—A class A 
external power supply shall not be subject to sub-
paragraph (A) if the class A external power sup-
ply is— 
‘‘(i) manufactured during the period 
beginning on July 1, 2008, and ending on 
June 30, 2015; and 
‘‘(ii) made available by the manufac-
turer as a service part or a spare part for 
an end-use product— 
‘‘(I) that constitutes the primary 
load; and 
‘‘(II) was manufactured before 
July 1, 2008. 
‘‘(C) MARKING.—Any class A external 
power supply manufactured on or after the later 
of July 1, 2008 or the date of enactment of this
150 
paragraph shall be clearly and permanently 
marked in accordance with the External Power 
Supply International Efficiency Marking Pro-
tocol, as referenced in the ‘Energy Star Program 
Requirements for Single Voltage External AC- 
DC and AC-AC Power Supplies, version 1.1’ 
published by the Environmental Protection 
Agency. 
‘‘(D) AMENDMENT OF STANDARDS.— 
‘‘(i) FINAL RULE BY JULY 1, 2011.— 
‘‘(I) IN GENERAL.—Not later than 
July 1, 2011, the Secretary shall pub-
lish a final rule to determine whether 
the standards established under sub-
paragraph (A) should be amended. 
‘‘(II) 
ADMINISTRATION.—The 
final rule shall— 
‘‘(aa) contain any amended 
standards; and 
‘‘(bb) apply to products man-
ufactured on or after July 1, 
2013. 
‘‘(ii) FINAL RULE BY JULY 1, 2015.— 
‘‘(I) IN GENERAL.—Not later than 
July 1, 2015 the Secretary shall pub-
151 
lish a final rule to determine whether 
the standards then in effect should be 
amended. 
‘‘(II) 
ADMINISTRATION.—The 
final rule shall— 
‘‘(aa) contain any amended 
standards; and 
‘‘(bb) apply to products man-
ufactured on or after July 1, 
2017. 
‘‘(7) END-USE PRODUCTS.—An energy conserva-
tion standard for external power supplies shall not 
constitute an energy conservation standard for the 
separate end-use product to which the external power 
supplies is connected.’’. 
SEC. 302. UPDATING APPLIANCE TEST PROCEDURES. 
(a) CONSUMER APPLIANCES.—Section 323(b)(1) of the 
Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) 
is amended by striking ‘‘(1)’’ and all that follows through 
the end of the paragraph and inserting the following: 
‘‘(1) TEST PROCEDURES.— 
‘‘(A) AMENDMENT.—At least once every 7 
years, the Secretary shall review test procedures 
for all covered products and—
152 
‘‘(i) amend test procedures with respect 
to any covered product, if the Secretary de-
termines that amended test procedures 
would more accurately or fully comply with 
the requirements of paragraph (3); or 
‘‘(ii) publish notice in the Federal Reg-
ister of any determination not to amend a 
test procedure.’’. 
(b) INDUSTRIAL EQUIPMENT.—Section 343(a) of the 
Energy Policy and Conservation Act (42 U.S.C. 6313(a)) 
is amended by striking ‘‘(a)’’ and all that follows through 
the end of paragraph (1) and inserting the following: 
‘‘(a) 
PRESCRIPTION
BY
SECRETARY; 
REQUIRE-
MENTS.— 
‘‘(1) TEST PROCEDURES.— 
‘‘(A) AMENDMENT.—At least once every 7 
years, the Secretary shall conduct an evaluation 
of each class of covered equipment and— 
‘‘(i) if the Secretary determines that 
amended test procedures would more accu-
rately or fully comply with the requirements 
of paragraphs (2) and (3), shall prescribe 
test procedures for the class in accordance 
with this section; or
153 
‘‘(ii) shall publish notice in the Federal 
Register of any determination not to amend 
a test procedure.’’. 
SEC. 303. RESIDENTIAL BOILERS. 
Section 325(f) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(f)) is amended— 
(1) in the subsection heading, by inserting ‘‘AND 
BOILERS’’ after ‘‘FURNACES’’; 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) BOILERS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), boilers manufactured on or 
after September 1, 2012, shall meet the following 
requirements: 
Boiler Type 
Minimum Annual Fuel 
Utilization Efficiency 
Design Requirements 
Gas Hot Water .................
82% 
No Constant Burning 
Pilot, Automatic Means 
for Adjusting Water Tem-
perature 
Gas Steam ......................
80% 
No Constant Burning 
Pilot 
Oil Hot Water ..................
84% 
Automatic Means for Ad-
justing Temperature
154 
Boiler Type 
Minimum Annual Fuel 
Utilization Efficiency 
Design Requirements 
Oil Steam .......................
82% 
None 
Electric Hot Water ..........
None 
Automatic Means for Ad-
justing Temperature 
Electric Steam .................
None 
None 
‘‘(B) AUTOMATIC
MEANS
FOR
ADJUSTING 
WATER TEMPERATURE.— 
‘‘(i) IN GENERAL.—The manufacturer 
shall equip each gas, oil, and electric hot 
water boiler (other than a boiler equipped 
with a tankless domestic water heating coil) 
with automatic means for adjusting the 
temperature of the water supplied by the 
boiler to ensure that an incremental change 
in inferred heat load produces a cor-
responding incremental change in the tem-
perature of water supplied. 
‘‘(ii) SINGLE INPUT RATE.—For a boil-
er that fires at 1 input rate, the require-
ments of this subparagraph may be satisfied 
by providing an automatic means that al-
lows the burner or heating element to fire 
only when the means has determined that 
the inferred heat load cannot be met by the 
residual heat of the water in the system.
155 
‘‘(iii) NO
INFERRED
HEAT
LOAD.— 
When there is no inferred heat load with re-
spect to a hot water boiler, the automatic 
means described in clause (i) and (ii) shall 
limit the temperature of the water in the 
boiler to not more than 140 degrees Fahr-
enheit. 
‘‘(iv) OPERATION.—A boiler described 
in clause (i) or (ii) shall be operable only 
when the automatic means described in 
clauses (i), (ii), and (iii) is installed. 
‘‘(C) EXCEPTION.—A boiler that is manu-
factured to operate without any need for elec-
tricity or any electric connection, electric gauges, 
electric pumps, electric wires, or electric devices 
shall not be required to meet the requirements of 
this paragraph.’’. 
SEC. 304. FURNACE FAN STANDARD PROCESS. 
Paragraph (4)(D) of section 325(f) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6295(f)) (as redesig-
nated by section 303(4)) is amended by striking ‘‘the Sec-
retary may’’ and inserting ‘‘not later than December 31, 
2013, the Secretary shall’’.
156 
SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDAT-
ING AND CLARIFYING STATE AUTHORITY. 
(a) CONSUMER APPLIANCES.—Section 325 of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295) is 
amended by striking subsection (m) and inserting the fol-
lowing: 
‘‘(m) AMENDMENT OF STANDARDS.— 
‘‘(1) IN GENERAL.—Not later than 6 years after 
issuance of any final rule establishing or amending a 
standard, as required for a product under this part, 
the Secretary shall publish— 
‘‘(A) a notice of the determination of the 
Secretary that standards for the product do not 
need to be amended, based on the criteria estab-
lished under subsection (n)(2); or 
‘‘(B) a notice of proposed rulemaking in-
cluding new proposed standards based on the cri-
teria established under subsection (o) and the 
procedures established under subsection (p). 
‘‘(2) NOTICE.—If the Secretary publishes a no-
tice under paragraph (1), the Secretary shall— 
‘‘(A) publish a notice stating that the anal-
ysis of the Department is publicly available; and 
‘‘(B) provide an opportunity for written 
comment.
158 
heaters, direct heating equipment, and fur-
naces, such a product that is manufactured 
after the date that is 5 years after publica-
tion of the final rule establishing an appli-
cable standard. 
‘‘(B) OTHER NEW STANDARDS.—A manu-
facturer shall not be required to apply new 
standards to a product with respect to which 
other new standards have been required during 
the prior 6-year period. 
‘‘(5) REPORTS.—The Secretary shall promptly 
submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate— 
‘‘(A) a progress report every 180 days on 
compliance with this section, including a specific 
plan to remedy any failures to comply with 
deadlines for action established under this sec-
tion; and 
‘‘(B) all required reports to the Court or to 
any party to the Consent Decree in State of New 
York v Bodman, Consolidated Civil Actions 
No.05 Civ. 7807 and No.05 Civ. 7808.’’.
159 
(b) INDUSTRIAL EQUIPMENT.—Section 342(a)(6) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6313(a)(6)) is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(2) by striking ‘‘(6)(A)(i)’’ and all that follows 
through the end of subparagraph (B) and inserting 
the following: 
‘‘(6) AMENDED
ENERGY
EFFICIENCY
STAND-
ARDS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) ANALYSIS OF POTENTIAL ENERGY 
SAVINGS.—If ASHRAE/IES Standard 90.1 
is amended with respect to any small com-
mercial package air conditioning and heat-
ing equipment, large commercial package 
air conditioning and heating equipment, 
very large commercial package air condi-
tioning and heating equipment, packaged 
terminal air conditioners, packaged ter-
minal heat pumps, warm-air furnaces, 
packaged boilers, storage water heaters, in-
stantaneous water heaters, or unfired hot 
water storage tanks, not later than 180 days 
after the amendment of the standard, the
160 
Secretary shall publish in the Federal Reg-
ister for public comment an analysis of the 
energy savings potential of amended energy 
efficiency standards. 
‘‘(ii) AMENDED
UNIFORM
NATIONAL 
STANDARD FOR PRODUCTS.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), not later than 
18 months after the date of publication 
of the amendment to the ASHRAE/ 
IES Standard 90.1 for a product de-
scribed in clause (i), the Secretary 
shall establish an amended uniform 
national standard for the product at 
the minimum level specified in the 
amended 
ASHRAE/IES 
Standard 
90.1. 
‘‘(II) MORE
STRINGENT
STAND-
ARD.—Subclause (I) shall not apply if 
the Secretary determines, by rule pub-
lished in the Federal Register, and 
supported by clear and convincing evi-
dence, that adoption of a uniform na-
tional standard more stringent than 
the amended ASHRAE/IES Standard
161 
90.1 for the product would result in 
significant additional conservation of 
energy and is technologically feasible 
and economically justified. 
‘‘(B) RULE.—If the Secretary makes a de-
termination described in clause (ii)(II) for a 
product described in clause (i), not later than 30 
months after the date of publication of the 
amendment to the ASHRAE/IES Standard 90.1 
for the product, the Secretary shall issue the rule 
establishing the amended standard. 
‘‘(C) AMENDMENT OF STANDARD.— 
‘‘(i) IN GENERAL.—Not later than 6 
years after issuance of any final rule estab-
lishing or amending a standard, as required 
for a product under this part, the Secretary 
shall publish— 
‘‘(I) a notice of the determination 
of the Secretary that standards for the 
product do not need to be amended, 
based on the criteria established under 
subparagraph (A); or 
‘‘(II) a notice of proposed rule-
making including new proposed stand-
ards based on the criteria and proce-
162 
dures established under subparagraph 
(B). 
‘‘(ii) NOTICE.—If the Secretary pub-
lishes a notice under clause (i), the Sec-
retary shall— 
‘‘(I) publish a notice stating that 
the analysis of the Department is pub-
licly available; and 
‘‘(II) provide an opportunity for 
written comment. 
‘‘(iii) AMENDMENT OF STANDARD; NEW 
DETERMINATION.— 
‘‘(I) 
AMENDMENT
OF
STAND-
ARD.—Not later than 2 years after a 
notice is issued under clause (i)(II), 
the Secretary shall publish a final rule 
amending the standard for the product. 
‘‘(II) NEW DETERMINATION.—Not 
later than 3 years after a determina-
tion under clause (i)(I), the Secretary 
shall make a new determination and 
publication under subclause (I) or (II) 
of clause (i). 
‘‘(iv) APPLICATION TO PRODUCTS.—An 
amendment prescribed under this subsection
163 
shall apply to products manufactured after 
a date that is the later of— 
‘‘(I) the date that is 3 years after 
publication of the final rule estab-
lishing a new standard; or 
‘‘(II) the date that is 6 years after 
the effective date of the current stand-
ard for a covered product. 
‘‘(v) REPORTS.—The Secretary shall 
promptly submit to the Committee on En-
ergy and Commerce of the House of Rep-
resentatives and the Committee on Energy 
and Natural Resources of the Senate a 
progress report every 180 days on compli-
ance with this subparagraph, including a 
specific plan to remedy any failures to com-
ply with deadlines for action established 
under this subparagraph.’’. 
SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL 
AIR CONDITIONERS, AND HEAT PUMPS. 
(a) IN GENERAL.—Section 325(o) of the Energy Policy 
and Conservation Act (42 U.S.C. 6295(o)) is amended by 
adding at the end the following: 
‘‘(6) REGIONAL STANDARDS FOR FURNACES, CEN-
TRAL AIR CONDITIONERS, AND HEAT PUMPS.—
164 
‘‘(A) IN GENERAL.—In any rulemaking to 
establish a new or amended standard, the Sec-
retary may consider the establishment of sepa-
rate standards by geographic region for furnaces 
(except boilers), central air conditioners, and 
heat pumps. 
‘‘(B) NATIONAL
AND
REGIONAL
STAND-
ARDS.— 
‘‘(i) NATIONAL STANDARD.—If the Sec-
retary establishes a regional standard for a 
product, the Secretary shall establish a base 
national standard for the product. 
‘‘(ii) REGIONAL
STANDARDS.—If the 
Secretary establishes a regional standard 
for a product, the Secretary may establish 
more restrictive standards for the product 
by geographic region as follows: 
‘‘(I) For furnaces, the Secretary 
may establish 1 additional standard 
that is applicable in a geographic re-
gion defined by the Secretary. 
‘‘(II) For any cooling product, the 
Secretary may establish 1 or 2 addi-
tional standards that are applicable in
165 
1 or 2 geographic regions as may be 
defined by the Secretary. 
‘‘(C) BOUNDARIES
OF
GEOGRAPHIC
RE-
GIONS.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the boundaries of additional geographic 
regions established by the Secretary under 
this paragraph shall include only contig-
uous States. 
‘‘(ii) ALASKA AND HAWAII.—The States 
of Alaska and Hawaii may be included 
under this paragraph in a geographic re-
gion that the States are not contiguous to. 
‘‘(iii) 
INDIVIDUAL
STATES.—Indi-
vidual States shall be placed only into a 
single region under this paragraph. 
‘‘(D) PREREQUISITES.—In establishing ad-
ditional regional standards under this para-
graph, the Secretary shall— 
‘‘(i) 
establish 
additional 
regional 
standards only if the Secretary determines 
that— 
‘‘(I) the establishment of addi-
tional regional standards will produce 
significant energy savings in compari-
166 
son to establishing only a single na-
tional standard; and 
‘‘(II) 
the 
additional 
regional 
standards are economically justified 
under this paragraph; and 
‘‘(ii) consider the impact of the addi-
tional regional standards on consumers, 
manufacturers, and other market partici-
pants, including product distributors, deal-
ers, contractors, and installers. 
‘‘(E) APPLICATION; EFFECTIVE DATE.— 
‘‘(i) BASE NATIONAL STANDARD.—Any 
base national standard established for a 
product under this paragraph shall— 
‘‘(I) be the minimum standard for 
the product; and 
‘‘(II) apply to all products manu-
factured or imported into the United 
States on and after the effective date 
for the standard. 
‘‘(ii) REGIONAL STANDARDS.—Any ad-
ditional and more restrictive regional 
standard established for a product under 
this paragraph shall apply to any such 
product installed on or after the effective
167 
date of the standard in States in which the 
Secretary has designated the standard to 
apply. 
‘‘(F) CONTINUATION OF REGIONAL STAND-
ARDS.— 
‘‘(i) IN GENERAL.—In any subsequent 
rulemaking for any product for which a re-
gional standard has been previously estab-
lished, the Secretary shall determine wheth-
er to continue the establishment of separate 
regional standards for the product. 
‘‘(ii) REGIONAL STANDARD NO LONGER 
APPROPRIATE.—Except 
as 
provided 
in 
clause (iii), if the Secretary determines that 
regional standards are no longer appro-
priate for a product, beginning on the effec-
tive date of the amended standard for the 
product— 
‘‘(I) there shall be 1 base national 
standard for the product with Federal 
enforcement; and 
‘‘(II) State authority for enforcing 
a regional standard for the product 
shall terminate.
168 
‘‘(iii) REGIONAL
STANDARD
APPRO-
PRIATE
BUT
STANDARD
OR
REGION 
CHANGED.— 
‘‘(I) STATE
NO
LONGER
CON-
TAINED
IN
REGION.—Subject to sub-
clause (III), if a State is no longer 
contained in a region in which a re-
gional standard that is more stringent 
than the base national standard ap-
plies, the authority of the State to en-
force the regional standard shall termi-
nate. 
‘‘(II) STANDARD OR REGION RE-
VISED
SO
THAT
EXISTING
REGIONAL 
STANDARD
EQUALS
BASE
NATIONAL 
STANDARD.—If the Secretary revises a 
base national standard for a product 
or the geographic definition of a region 
so that an existing regional standard 
for a State is equal to the revised base 
national standard— 
‘‘(aa) the authority of the 
State to enforce the regional 
standard shall terminate on the
169 
effective date of the revised base 
national standard; and 
‘‘(bb) the State shall be sub-
ject to the revised base national 
standard. 
‘‘(III) STANDARD OR REGION RE-
VISED
SO
THAT
EXISTING
REGIONAL 
STANDARD
EQUALS
BASE
NATIONAL 
STANDARD.—If the Secretary revises a 
base national standard for a product 
or the geographic definition of a region 
so that the standard for a State is 
lower than the previously approved re-
gional standard, the State may con-
tinue to enforce the previously ap-
proved standard level. 
‘‘(iv) WAIVER
OF
FEDERAL
PREEMP-
TION.—Nothing in this paragraph dimin-
ishes the authority of a State to enforce a 
State regulation for which a waiver of Fed-
eral preemption has been granted under sec-
tion 327(d). 
‘‘(G) ENFORCEMENT.— 
‘‘(i) BASE NATIONAL STANDARD.—
170 
‘‘(I) IN GENERAL.—The Secretary 
shall enforce any base national stand-
ard. 
‘‘(II) TRADE
ASSOCIATION
CER-
TIFICATION
PROGRAMS.—In enforcing 
the base national standard, the Sec-
retary shall use, to the maximum ex-
tent practicable, national standard na-
tionally recognized certification pro-
grams of trade associations. 
‘‘(ii) REGIONAL STANDARDS.— 
‘‘(I) ENFORCEMENT
PLAN.—Not 
later than 90 days after the date of the 
issuance of a final rule that establishes 
a regional standard, the Secretary 
shall initiate a rulemaking to develop 
and implement an effective enforcement 
plan for regional standards for the 
products that are covered by the final 
rule. 
‘‘(II) RESPONSIBLE
ENTITIES.— 
Any rules regarding enforcement of a 
regional standard shall clearly specify 
which entities are legally responsible 
for compliance with the standards and
171 
for making any required information 
or labeling disclosures. 
‘‘(III) FINAL
RULE.—Not later 
than 15 months after the date of the 
issuance of a final rule that establishes 
a regional standard for a product, the 
Secretary shall promulgate a final rule 
covering enforcement of regional stand-
ards for the product. 
‘‘(IV) INCORPORATION BY STATES 
AND LOCALITIES.—A State or locality 
may incorporate any Federal regional 
standard into State or local building 
codes or State appliance standards. 
‘‘(V) STATE
ENFORCEMENT.—A 
State agency may seek enforcement of 
a Federal regional standard in a Fed-
eral court of competent jurisdiction. 
‘‘(H) INFORMATION DISCLOSURE.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of the publication of a 
final rule that establishes a regional stand-
ard for a product, the Federal Trade Com-
mission shall undertake a rulemaking to de-
termine the appropriate 1 or more methods
172 
for disclosing information so that con-
sumers, distributors, contractors, and in-
stallers can easily determine whether a spe-
cific piece of equipment that is installed in 
a specific building is in conformance with 
the regional standard that applies to the 
building. 
‘‘(ii) METHODS.—A method of dis-
closing information under clause (i) may 
include— 
‘‘(I) modifications to the Energy 
Guide label; or 
‘‘(II) other methods that make it 
easy for consumers and installers to 
use and understand at the point of in-
stallation. 
‘‘(iii) COMPLETION OF RULEMAKING.— 
The rulemaking shall be completed not later 
15 months after the date of the publication 
of a final rule that establishes a regional 
standard for a product.’’. 
(b) PROHIBITED ACTS.—Section 332(a) of the Energy 
Policy and Conservation Act (42 U.S.C. 6302(a)) is amend-
ed—
173 
(1) in paragraph (4), by striking ‘‘or’’ after the 
semicolon at the end; 
(2) in paragraph (5), by striking ‘‘part.’’ and 
inserting ‘‘part, except to the extent that the new cov-
ered product is covered by a regional standard that 
is more stringent than the base national standard; 
or’’; and 
(3) by adding at the end the following: 
‘‘(6) for any manufacturer or private labeler to 
knowingly sell a product to a distributor, contractor, 
or dealer with knowledge that the entity routinely vio-
lates any regional standard applicable to the prod-
uct.’’. 
(c) CONSIDERATION OF PRICES AND OPERATING PAT-
TERNS.—Section 342(a)(6)(B) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(a)(6)(B)) is amended by 
adding at the end the following: 
‘‘(iii) CONSIDERATION OF PRICES AND 
OPERATING PATTERNS.—If the Secretary is 
considering revised standards for air-cooled 
3-phase central air conditioners and central 
air conditioning heat pumps with less 
65,000 Btu per hour (cooling capacity), the 
Secretary shall use commercial energy
174 
prices and operating patterns in all anal-
yses conducted by the Secretary.’’. 
SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMEND-
ED STANDARDS. 
Section 325(p) of the Energy Policy and Conservation 
Act (42 U.S.C. 6925(p)) is amended— 
(1) by striking paragraph (1); and 
(2) by redesignating paragraphs (2) through (4) 
as paragraphs (1) through (3), respectively. 
SEC. 308. EXPEDITED RULEMAKINGS. 
(a) PROCEDURE FOR PRESCRIBING NEW OR AMENDED 
STANDARDS.—Section 325(p) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(p)) (as amended by sec-
tion 307) is amended by adding at the end the following: 
‘‘(4) DIRECT FINAL RULES.— 
‘‘(A) IN GENERAL.—On receipt of a state-
ment that is submitted jointly by interested per-
sons that are fairly representative of relevant 
points of view (including representatives of man-
ufacturers of covered products, States, and effi-
ciency advocates), as determined by the Sec-
retary, and contains recommendations with re-
spect to an energy or water conservation stand-
ard—
175 
‘‘(i) if the Secretary determines that 
the recommended standard contained in the 
statement is in accordance with subsection 
(o) or section 342(a)(6)(B), as applicable, 
the Secretary may issue a final rule that es-
tablishes an energy or water conservation 
standard and is published simultaneously 
with a notice of proposed rulemaking that 
proposes a new or amended energy or water 
conservation standard that is identical to 
the standard established in the final rule to 
establish the recommended standard (re-
ferred to in this paragraph as a ‘direct 
final rule’); or 
‘‘(ii) if the Secretary determines that a 
direct final rule cannot be issued based on 
the statement, the Secretary shall publish a 
notice of the determination, together with 
an explanation of the reasons for the deter-
mination. 
‘‘(B) PUBLIC
COMMENT.—The Secretary 
shall solicit public comment for a period of at 
least 110 days with respect to each direct final 
rule issued by the Secretary under subparagraph 
(A)(i).
176 
‘‘(C) 
WITHDRAWAL
OF
DIRECT
FINAL 
RULES.— 
‘‘(i) IN GENERAL.—Not later than 120 
days after the date on which a direct final 
rule issued under subparagraph (A)(i) is 
published in the Federal Register, the Sec-
retary shall withdraw the direct final rule 
if— 
‘‘(I) the Secretary receives 1 or 
more adverse public comments relating 
to the direct final rule under subpara-
graph (B)(i) or any alternative joint 
recommendation; and 
‘‘(II) based on the rulemaking 
record relating to the direct final rule, 
the Secretary determines that such ad-
verse public comments or alternative 
joint recommendation may provide a 
reasonable basis for withdrawing the 
direct final rule under subsection (o), 
section 342(a)(6)(B), or any other ap-
plicable law. 
‘‘(ii) ACTION
ON
WITHDRAWAL.—On 
withdrawal of a direct final rule under 
clause (i), the Secretary shall—
177 
‘‘(I) proceed with the notice of 
proposed rulemaking published simul-
taneously with the direct final rule as 
described in subparagraph (A)(i); and 
‘‘(II) publish in the Federal Reg-
ister the reasons why the direct final 
rule was withdrawn. 
‘‘(iii) TREATMENT OF WITHDRAWN DI-
RECT
FINAL
RULES.—A direct final rule 
that is withdrawn under clause (i) shall not 
be considered to be a final rule for purposes 
of subsection (o). 
‘‘(D) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph authorizes the Secretary to issue 
a direct final rule based solely on receipt of more 
than 1 statement containing recommended 
standards relating to the direct final rule.’’. 
(b) CONFORMING AMENDMENT.—Section 345(b)(1) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6316(b)(1)) is amended in the first sentence by inserting 
‘‘section 325(p)(5),’’ after ‘‘The provisions of’’. 
SEC. 309. BATTERY CHARGERS. 
Section 325(u)(1)(E) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(u)(1)(E)) is amended—
178 
(1) by striking ‘‘(E)(i) Not’’ and inserting the 
following: 
‘‘(E) EXTERNAL POWER SUPPLIES AND BAT-
TERY CHARGERS.— 
‘‘(i) ENERGY
CONSERVATION
STAND-
ARDS.— 
‘‘(I) 
EXTERNAL
POWER
SUP-
PLIES.—Not’’; 
(2) by striking ‘‘3 years’’ and inserting ‘‘2 
years’’; 
(3) by striking ‘‘battery chargers and’’ each place 
it appears; and 
(4) by adding at the end the following: 
‘‘(II) BATTERY
CHARGERS.—Not 
later than July 1, 2011, the Secretary 
shall issue a final rule that prescribes 
energy conservation standards for bat-
tery chargers or classes of battery char-
gers or determine that no energy con-
servation standard is technically fea-
sible and economically justified.’’. 
SEC. 310. STANDBY MODE. 
Section 325 of the Energy Policy and Conservation Act 
(42 U.S.C. 6295) is amended— 
(1) in subsection (u)—
179 
(A) by striking paragraphs (2), (3), and 
(4); and 
(B) by redesignating paragraph (5) and (6) 
as paragraphs (2) and (3), respectively; 
(2) by redesignating subsection (gg) as subsection 
(hh); 
(3) by inserting after subsection (ff) the fol-
lowing: 
‘‘(gg) STANDBY MODE ENERGY USE.— 
‘‘(1) DEFINITIONS.— 
‘‘(A) IN
GENERAL.—Unless the Secretary 
determines otherwise pursuant to subparagraph 
(B), in this subsection: 
‘‘(i) ACTIVE MODE.—The term ‘active 
mode’ means the condition in which an en-
ergy-using product— 
‘‘(I) is connected to a main power 
source; 
‘‘(II) has been activated; and 
‘‘(III) provides 1 or more main 
functions. 
‘‘(ii) OFF MODE.—The term ‘off mode’ 
means the condition in which an energy- 
using product—
180 
‘‘(I) is connected to a main power 
source; and 
‘‘(II) is not providing any stand-
by or active mode function. 
‘‘(iii) 
STANDBY
MODE.—The 
term 
‘standby mode’ means the condition in 
which an energy-using product— 
‘‘(I) is connected to a main power 
source; and 
‘‘(II) offers 1 or more of the fol-
lowing user-oriented or protective func-
tions: 
‘‘(aa) To facilitate the acti-
vation or deactivation of other 
functions (including active mode) 
by remote switch (including re-
mote control), internal sensor, or 
timer. 
‘‘(bb) Continuous functions, 
including information or status 
displays (including clocks) or sen-
sor-based functions. 
‘‘(B) AMENDED
DEFINITIONS.—The Sec-
retary may, by rule, amend the definitions under 
subparagraph (A), taking into consideration the
181 
most current versions of Standards 62301 and 
62087 of the International Electrotechnical Com-
mission. 
‘‘(2) TEST PROCEDURES.— 
‘‘(A) IN GENERAL.—Test procedures for all 
covered products shall be amended pursuant to 
section 323 to include standby mode and off 
mode energy consumption, taking into consider-
ation the most current versions of Standards 
62301 and 62087 of the International Electro-
technical Commission, with such energy con-
sumption integrated into the overall energy effi-
ciency, energy consumption, or other energy 
descriptor for each covered product, unless the 
Secretary determines that— 
‘‘(i) the current test procedures for a 
covered product already fully account for 
and incorporate the standby mode and off 
mode energy consumption of the covered 
product; or 
‘‘(ii) such an integrated test procedure 
is technically infeasible for a particular 
covered product, in which case the Secretary 
shall prescribe a separate standby mode and
182 
off mode energy use test procedure for the 
covered product, if technically feasible. 
‘‘(B) 
DEADLINES.—The 
test 
procedure 
amendments required by subparagraph (A) shall 
be prescribed in a final rule no later than the 
following dates: 
‘‘(i) December 31, 2008, for battery 
chargers and external power supplies. 
‘‘(ii) March 31, 2009, for clothes dry-
ers, room air conditioners, and fluorescent 
lamp ballasts. 
‘‘(iii) June 30, 2009, for residential 
clothes washers. 
‘‘(iv) September 30, 2009, for residen-
tial furnaces and boilers. 
‘‘(v) March 31, 2010, for residential 
water heaters, direct heating equipment, 
and pool heaters. 
‘‘(vi) March 31, 2011, for residential 
dishwashers, ranges and ovens, microwave 
ovens, and dehumidifiers. 
‘‘(C) PRIOR
PRODUCT
STANDARDS.—The 
test procedure amendments adopted pursuant to 
subparagraph (B) shall not be used to determine 
compliance with product standards established
183 
prior to the adoption of the amended test proce-
dures. 
‘‘(3) INCORPORATION INTO STANDARD.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), based on the test procedures required 
under paragraph (2), any final rule establishing 
or revising a standard for a covered product, 
adopted after July 1, 2010, shall incorporate 
standby mode and off mode energy use into a 
single amended or new standard, pursuant to 
subsection (o), if feasible. 
‘‘(B) SEPARATE
STANDARDS.—If not fea-
sible, the Secretary shall prescribe within the 
final rule a separate standard for standby mode 
and off mode energy consumption, if justified 
under subsection (o).’’; and 
(4) in paragraph (2) of subsection (hh) (as redes-
ignated by paragraph (2)) , by striking ‘‘(ff)’’ each 
place it appears and inserting ‘‘(gg)’’. 
SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES. 
(a) APPLIANCES.— 
(1) DEHUMIDIFIERS.—Section 325(cc) of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6295(cc)) is amended by striking paragraph (2) and 
inserting the following: