489 
(2) encourage self-regulated utilities to enter 
businesses making the sales referred to in subsection 
(a)(2). 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy such sums as are necessary for the purposes of this 
section. 
SEC. 243. CLARIFYING ELECTION OF WASTE HEAT RECOV-
ERY FINANCIAL INCENTIVES. 
Section 373(e) of the Energy Policy and Conservation 
Act (42 U.S.C. 6343(e)) is amended— 
(1) by striking ‘‘that qualifies for’’ and insert-
ing ‘‘who elects to claim’’; and 
(2) by inserting ‘‘from that project’’ after ‘‘for 
waste heat recovery’’. 
SEC. 244. MOTOR MARKET ASSESSMENT AND COMMERCIAL 
AWARENESS PROGRAM. 
(a) FINDINGS.—Congress finds that— 
(1) electric motor systems account for about 
half of the electricity used in the United States; 
(2) electric motor energy use is determined by 
both the efficiency of the motor and the system in 
which the motor operates; 
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(3) Federal Government research on motor end 
use and efficiency opportunities is more than a dec-
ade old; and 
(4) the Census Bureau has discontinued collec-
tion of data on motor and generator importation, 
manufacture, shipment, and sales. 
(b) DEFINITIONS.—In this section: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) INTERESTED PARTIES.—The term ‘‘inter-
ested parties’’ includes— 
(A) trade associations; 
(B) motor manufacturers; 
(C) motor end users; 
(D) electric utilities; and 
(E) individuals and entities that conduct 
energy efficiency programs. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy, in consultation with inter-
ested parties. 
(c) ASSESSMENT.—The Secretary shall conduct an 
assessment of electric motors and the electric motor mar-
ket in the United States that shall— 
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(1) include important subsectors of the indus-
trial and commercial electric motor market (as de-
termined by the Secretary), including— 
(A) the stock of motors and motor-driven 
equipment; 
(B) efficiency categories of the motor pop-
ulation; and 
(C) motor systems that use drives, servos, 
and other control technologies; 
(2) characterize and estimate the opportunities 
for improvement in the energy efficiency of motor 
systems by market segment, including opportunities 
for— 
(A) expanded use of drives, servos, and 
other control technologies; 
(B) expanded use of process control, 
pumps, compressors, fans or blowers, and mate-
rial handling components; and 
(C) substitution of existing motor designs 
with existing and future advanced motor de-
signs, including electronically commutated per-
manent magnet, interior permanent magnet, 
and switched reluctance motors; and 
(3) develop an updated profile of motor system 
purchase and maintenance practices, including sur-
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veying the number of companies that have motor 
purchase and repair specifications, by company size, 
number of employees, and sales. 
(d) RECOMMENDATIONS; UPDATE.—Based on the as-
sessment conducted under subsection (c), the Secretary 
shall— 
(1) develop— 
(A) recommendations to update the de-
tailed motor profile on a periodic basis; 
(B) methods to estimate the energy sav-
ings and market penetration that is attributable 
to the Save Energy Now Program of the De-
partment; and 
(C) recommendations for the Director of 
the Census Bureau on market surveys that 
should be undertaken in support of the motor 
system activities of the Department; and 
(2) prepare an update to the Motor Master+ 
program of the Department. 
(e) PROGRAM.—Based on the assessment, rec-
ommendations, and update required under subsections (c) 
and (d), the Secretary shall establish a proactive, national 
program targeted at motor end-users and delivered in co-
operation with interested parties to increase awareness 
of— 
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(1) the energy and cost-saving opportunities in 
commercial and industrial facilities using higher effi-
ciency electric motors; 
(2) improvements in motor system procurement 
and management procedures in the selection of high-
er efficiency electric motors and motor-system com-
ponents, including drives, controls, and driven equip-
ment; and 
(3) criteria for making decisions for new, re-
placement, or repair motor and motor system com-
ponents. 
SEC. 245. MOTOR EFFICIENCY REBATE PROGRAM. 
(a) IN GENERAL.—Part C of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6311 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 347. MOTOR EFFICIENCY REBATE PROGRAM. 
‘‘(a) ESTABLISHMENT.—Not later than January 1, 
2010, in accordance with subsection (b), the Secretary 
shall establish a program to provide rebates for expendi-
tures made by entities— 
‘‘(1) for the purchase and installation of a new 
electric motor that has a nominal full load efficiency 
that is not less than the nominal full load efficiency 
as defined in— 
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‘‘(A) table 12–12 of NEMA Standards 
Publication MG 1–2006 for random wound mo-
tors rated 600 volts or lower; or 
‘‘(B) table 12–13 of NEMA Standards 
Publication MG 1–2006 for form wound motors 
rated 5000 volts or lower; and 
‘‘(2) to replace an installed motor of the entity 
the specifications of which are established by the 
Secretary by a date that is not later than 90 days 
after the date of enactment of this section. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) APPLICATION.—To be eligible to receive a 
rebate under this section, an entity shall submit to 
the Secretary an application in such form, at such 
time, and containing such information as the Sec-
retary may require, including— 
‘‘(A) demonstrated evidence that the entity 
purchased an electric motor described in sub-
section (a)(1) to replace an installed motor de-
scribed in subsection (a)(2); 
‘‘(B) demonstrated evidence that the enti-
ty— 
‘‘(i) removed the installed motor of 
the entity from service; and 
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‘‘(ii) properly disposed the installed 
motor of the entity; and 
‘‘(C) the physical nameplate of the in-
stalled motor of the entity. 
‘‘(2) AUTHORIZED AMOUNT OF REBATE.—The 
Secretary may provide to an entity that meets each 
requirement under paragraph (1) a rebate the 
amount of which shall be equal to the product ob-
tained by multiplying— 
‘‘(A) the nameplate horsepower of the elec-
tric motor purchased by the entity in accord-
ance with subsection (a)(1); and 
‘‘(B) $25.00. 
‘‘(3) PAYMENTS TO DISTRIBUTORS OF QUALI-
FYING ELECTRIC MOTORS.—To assist in the pay-
ment for expenses relating to processing and motor 
core disposal costs, the Secretary shall provide to the 
distributor of an electric motor described in sub-
section (a)(1), the purchaser of which received a re-
bate under this section, an amount equal to the 
product obtained by multiplying— 
‘‘(A) the nameplate horsepower of the elec-
tric motor; and 
‘‘(B) $5.00. 
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‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section, 
to remain available until expended— 
‘‘(1) $80,000,000 for fiscal year 2011; 
‘‘(2) $75,000,000 for fiscal year 2012; 
‘‘(3) $70,000,000 for fiscal year 2013; 
‘‘(4) $65,000,000 for fiscal year 2014; and 
‘‘(5) $60,000,000 for fiscal year 2015.’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
the Energy Policy and Conservation Act (42 U.S.C. prec. 
6201) is amended by adding at the end of the items relat-
ing to part C of title III the following: 
‘‘Sec. 347. Motor efficiency rebate program.’’. 
Subtitle E—Improvements in En-
ergy Savings Performance Con-
tracting 
SEC. 251. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) COMPETITION REQUIREMENTS FOR TASK OR DE-
LIVERY ORDERS UNDER ENERGY SAVINGS PERFORM-
ANCE CONTRACTS.— 
(1) COMPETITION REQUIREMENTS.—Subsection 
(a) of section 801 of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287(a)) is amended by 
adding at the end the following paragraph: 
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‘‘(3)(A) The head of a Federal agency may issue a 
task or delivery order under an energy savings perform-
ance contract by— 
‘‘(i) notifying all contractors that have received 
an award under such contract that the agency pro-
poses to discuss energy savings performance services 
for some or all of its facilities and, following a rea-
sonable period of time to provide a proposal in re-
sponse to the notice, soliciting an expression of in-
terest in performing site surveys or investigations 
and feasibility designs and studies and the submis-
sion of qualifications from such contractors, and in-
cluding in such notice summary information con-
cerning energy use for any facilities that the agency 
has specific interest in including in such contract; 
‘‘(ii) reviewing all expressions of interest and 
qualifications submitted pursuant to the notice 
under clause (i); 
‘‘(iii) selecting two or more contractors (from 
among those reviewed under clause (ii)) to conduct 
discussions concerning the contractors’ respective 
qualifications to implement potential energy con-
servation measures, including requesting references 
demonstrating experience on similar efforts and the 
resulting energy savings of such similar efforts, and 
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providing an opportunity for a post-award debriefing 
to all contractors that submitted expressions of in-
terest and qualifications under clause (ii) pursuant 
to the notice; 
‘‘(iv) selecting and authorizing— 
‘‘(I) more than one contractor (from 
among those selected under clause (iii)) to con-
duct site surveys, investigations, feasibility de-
signs and studies or similar assessments for the 
energy savings performance contract services 
(or for discrete portions of such services), for 
the purpose of allowing each such contractor to 
submit a firm, fixed-price proposal to imple-
ment specific energy conservation measures; or 
‘‘(II) one contractor (from among those se-
lected under clause (iii)) to conduct a site sur-
vey, investigation, a feasibility design and study 
or similar for the purpose of allowing the con-
tractor to submit a firm, fixed-price proposal to 
implement specific energy conservation meas-
ures; 
‘‘(v) negotiating a task or delivery order for en-
ergy savings performance contracting services with 
the contractor or contractors selected under clause 
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(iv) based on the energy conservation measures iden-
tified; and 
‘‘(vi) issuing a task or delivery order for energy 
savings performance contracting services to such 
contractor or contractors. 
‘‘(B) The issuance of a task or delivery order for en-
ergy savings performance contracting services pursuant to 
subparagraph (A) is deemed to satisfy the task and deliv-
ery order competition requirements in section 2304c(d) of 
title 10, United States Code, and section 303J(d) of the 
Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253j(d)). 
‘‘(C) The Secretary may issue guidance as necessary 
to agencies issuing task or delivery orders pursuant to 
subparagraph (A).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) is inapplicable to task or delivery 
orders issued before the date of enactment of this 
section. 
(b) INCLUSION
OF
THERMAL
RENEWABLE
EN-
ERGY.—Section 203 of the Energy Policy Act of 2005 (42 
U.S.C. 15852) is amended— 
(1) in subsection (a), by striking ‘‘electric’’; and 
(2) in subsection (b)(2), by inserting ‘‘or ther-
mal’’ after ‘‘means electric’’. 
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(c) CREDIT FOR RENEWABLE ENERGY PRODUCED 
AND USED ON SITE.—Subsection (c) of section 203 of the 
Energy Policy Act of 2005 (42 U.S.C. 15852) is amended 
to read as follows: 
‘‘(c) CALCULATION.—Renewable energy produced at 
a Federal facility, on Federal lands, or on Indian lands 
(as defined in title XXVI of the Energy Policy Act of 1992 
(25 U.S.C. 3501 et seq.)) shall be calculated separately 
from renewable energy consumed at a Federal facility, and 
each may be used to comply with the consumption require-
ment under subsection (a).’’. 
(d) FINANCING FLEXIBILITY.—Section 801(a)(2)(E) 
of the National Energy Conservation Policy Act (42 
U.S.C. 8287(a)(2)(E)) is amended by striking ‘‘In’’ and 
inserting ‘‘Notwithstanding any other provision of law, 
in’’. 
Subtitle F—Public Institutions 
SEC. 261. PUBLIC INSTITUTIONS. 
Section 399A of the Energy Policy and Conservation 
Act (42 U.S.C. 6371h–1) is amended— 
(1) in subsection (a)(5), by striking ‘‘or a des-
ignee’’ and inserting ‘‘an Indian tribe, a not-for- 
profit hospital or not-for-profit inpatient health care 
facility, or a designated agent’’; 
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(2) in subsection (c)(1), by striking subpara-
graph (C); 
(3) 
in 
subsection 
(f)(3)(A), 
by 
striking 
‘‘$1,000,000’’ and inserting ‘‘$2,500,000’’; and 
(4) 
in 
subsection 
(i)(1), 
by 
striking 
‘‘$250,000,000 for each of fiscal years 2009 through 
2013’’ and inserting ‘‘$250,000,000 for each of fis-
cal years 2010 through 2015’’. 
SEC. 262. COMMUNITY ENERGY EFFICIENCY FLEXIBILITY. 
Section 545(b)(3) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17155(b)(3)) is amend-
ed— 
(1) by striking ‘‘Indian tribe may use’’ and all 
that follows through ‘‘for administrative expenses’’ 
and inserting ‘‘Indian tribe may use for administra-
tive expenses’’; 
(2) by striking subparagraphs (B) and (C); 
(3) by redesignating the remaining clauses (i) 
and (ii) as subparagraphs (A) and (B), respectively 
and adjusting the margin of those subparagraphs ac-
cordingly; and 
(4) by striking the semicolon at the end and in-
serting a period. 
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502 
SEC. 263. SMALL COMMUNITY JOINT PARTICIPATION. 
(a) Section 541(3)(A) of the Energy Independence 
and Security Act of 2007 is amended in clause (i) by strik-
ing ‘‘and’’ at the end of subclause (II), in clause (ii) by 
striking the period at the end of subclause (II) and insert-
ing ‘‘; or’’, and by inserting the following new clause (iii): 
‘‘(iii) a group of adjacent, contiguous, or 
geographically proximate units of local govern-
ment that reach agreement to act jointly for 
purposes of this section and that represent a 
combined population of not less than 35,000.’’. 
(b) Section 541(3)(B) of the Energy Independence 
and Security Act of 2007 is amended in clause (i) by strik-
ing ‘‘or’’, in clause (ii) by striking the period at the end 
and inserting ‘‘; or’’, and by inserting the following new 
clause (iii): 
‘‘(iii) a group of adjacent, contiguous, or 
geographically proximate units of local govern-
ment that reach agreement to act jointly for 
purposes of this section and that represent a 
combined population of not less than 50,000.’’. 
SEC. 264. LOW INCOME COMMUNITY ENERGY EFFICIENCY 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Energy is au-
thorized to make grants to private, nonprofit, mission- 
driven community development organizations including 
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community development corporations and community de-
velopment financial institutions to provide financing to 
businesses and projects that improve energy efficiency; 
identify and develop alternative, renewable, and distrib-
uted energy supplies; provide technical assistance and pro-
mote job and business opportunities for low-income resi-
dents; and increase energy conservation in low income 
rural and urban communities. 
(b) GRANTS.—The purpose of such grants is to in-
crease the flow of capital and benefits to low income com-
munities, minority-owned and woman-owned businesses 
and entrepreneurs and other projects and activities located 
in low income communities in order to reduce environ-
mental degradation, foster energy conservation and effi-
ciency and create job and business opportunities for local 
residents. The Secretary may make grants on a competi-
tive basis for— 
(1) investments that develop alternative, renew-
able, and distributed energy supplies; 
(2) capitalizing loan funds that lend to energy 
efficiency projects and energy conservation pro-
grams; 
(3) technical assistance to plan, develop, and 
manage an energy efficiency financing program; and 
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(4) technical and financial assistance to assist 
small-scale businesses and private entities develop 
new renewable and distributed sources of power or 
combined heat and power generation. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of this section there is authorized to be appro-
priated $50,000,000 for each of the fiscal years 2010 
through 2015. 
Subtitle G—Miscellaneous 
SEC. 271. ENERGY EFFICIENT INFORMATION AND COMMU-
NICATIONS TECHNOLOGIES. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended to read as follows: 
‘‘SEC. 543. ENERGY EFFICIENT INFORMATION AND COMMU-
NICATIONS TECHNOLOGIES. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the American Clean Energy and Se-
curity Act of 2009, each Federal agency shall collaborate 
with the Director of the Office of Management and Budget 
(referred to in this section as the ‘Director’) to create an 
implementation strategy, including best practices and 
measurement and verification techniques, for the purchase 
and use of energy efficient information and communica-
tions technologies and practices. Wherever possible, exist-
ing standards, specifications, performance metrics, and 
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best management practices that have been or are being 
developed in open collaboration and with broad stake-
holder input and review should be incorporated. In addi-
tion, agency strategies shall be flexible, cost-effective, and 
based on the specific operating requirements and statutory 
mission of each agency. 
‘‘(b) ENERGY EFFICIENT INFORMATION AND COM-
MUNICATIONS TECHNOLOGIES.—In developing an imple-
mentation strategy, each agency shall— 
‘‘(1) consider information and communications 
technologies and infrastructure, including, but not 
limited to, advanced metering infrastructure, infor-
mation and communications technology services and 
products, efficient data center strategies, applica-
tions modernization and rationalization, building 
systems energy efficiency, and telework; and 
‘‘(2) ensure that agencies are eligible to realize 
the savings and rewards brought about through in-
creased efficiencies. 
‘‘(c) PERFORMANCE
GOALS.—Not later than 6 
months after the date of enactment of the American Clean 
Energy and Security Act of 2009, the Director shall estab-
lish performance goals for evaluating the efforts of the 
agencies in improving the maintenance, purchase and use 
of energy efficiency of information and communications 
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technology systems. These performance goals should 
measure information technology costs over a specific time 
horizon (3 to 5 years), providing a complete picture of all 
costs, including energy. 
‘‘(d) REPORT.—Not later than 18 months after the 
date of enactment of the American Clean Energy and Se-
curity Act of 2009, and annually thereafter, the Director 
shall submit a report to Congress on— 
‘‘(1) the progress of each agency in reducing 
energy use through its implementation strategy; and 
‘‘(2) new and emerging technologies that would 
help achieve increased energy efficiency.’’. 
SEC. 272. NATIONAL ENERGY EFFICIENCY GOALS. 
(a) GOALS.—The energy efficiency goals of the 
United States are— 
(1) to achieve an improvement in the overall en-
ergy productivity of the United States (measured in 
gross domestic product per unit of energy input) of 
at least 2.5 percent per year by the year 2012; and 
(2) to maintain that annual rate of improve-
ment each year through 2030. 
(b) STRATEGIC PLAN.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Energy (referred to in this section as the ‘‘Sec-
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retary’’), in cooperation with the Administrator and 
the heads of other appropriate Federal agencies, 
shall develop a strategic plan to achieve the national 
goals for improvement in energy productivity estab-
lished under subsection (a). 
(2) PUBLIC INPUT AND COMMENT.—The Sec-
retary shall develop the plan in a manner that pro-
vides appropriate opportunities for public input and 
comment. 
(c) PLAN CONTENTS.—The strategic plan shall— 
(1) identify future regulatory, funding, and pol-
icy priorities that would assist the United States in 
meeting the national goals; 
(2) include energy savings estimates for each 
sector; and 
(3) include data collection methodologies and 
compilations used to establish baseline and energy 
savings data. 
(d) PLAN UPDATES.— 
(1) IN GENERAL.—The Secretary shall— 
(A) update the strategic plan biennially; 
and 
(B) include the updated strategic plan in 
the national energy policy plan required by sec-
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tion 801 of the Department of Energy Organi-
zation Act (42 U.S.C. 7321). 
(2) CONTENTS.—In updating the plan, the Sec-
retary shall— 
(A) report on progress made toward imple-
menting efficiency policies to achieve the na-
tional goals established under subsection (a); 
and 
(B) verify, to the maximum extent prac-
ticable, energy savings resulting from the poli-
cies. 
(e) REPORT TO CONGRESS AND THE PUBLIC.—The 
Secretary shall submit to Congress, and make available 
to the public, the initial strategic plan developed under 
subsection (b) and each updated plan. 
SEC. 273. AFFILIATED ISLAND ENERGY INDEPENDENCE 
TEAM. 
(a) DEFINITIONS.—In this section: 
(1) AFFILIATED ISLAND.—The term ‘‘affiliated 
island’’ means— 
(A) the Commonwealth of Puerto Rico; 
(B) Guam; 
(C) American Samoa; 
(D) the Commonwealth of the Northern 
Mariana Islands; 
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(E) the Federated States of Micronesia; 
(F) the Republic of the Marshall Islands; 
(G) the Republic of Palau; and 
(H) the United States Virgin Islands. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy (acting through the Assist-
ant Secretary of Energy Efficiency and Renewable 
Energy), in consultation with the Secretary of the 
Interior and the Secretary of State. 
(3) TEAM.—The term ‘‘team’’ means the team 
established by the Secretary under subsection (b). 
(b) ESTABLISHMENT.—As soon as practicable after 
the date of enactment of this Act, the Secretary shall as-
semble a team of technical, policy, and financial experts 
to address the energy needs of each affiliated island— 
(1) to reduce the reliance and expenditure of 
each affiliated island on imported fossil fuels; 
(2) to increase the use by each affiliated island 
of indigenous, nonfossil fuel energy sources; 
(3) to improve the performance of the energy 
infrastructure of the affiliated island through 
projects— 
(A) to improve the energy efficiency of 
power generation, transmission, and distribu-
tion; and 
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(B) to increase consumer energy efficiency; 
(4) to improve the performance of the energy 
infrastructure of each affiliated island through en-
hanced planning, education, and training; 
(5) to adopt research-based and public-private 
partnership-based approaches as appropriate; 
(6) to stimulate economic development and job 
creation; and 
(7) to enhance the engagement by the Federal 
Government in international efforts to address island 
energy needs. 
(c) DUTIES OF TEAM.— 
(1) ENERGY ACTION PLANS.— 
(A) IN
GENERAL.—In accordance with 
subparagraph (B), the team shall provide tech-
nical, programmatic, and financial assistance to 
each utility of each affiliated island, and the 
government of each affiliated island, as appro-
priate, to develop and implement an energy Ac-
tion Plan for each affiliated island to reduce the 
reliance of each affiliated island on imported 
fossil fuels through increased efficiency and use 
of indigenous clean-energy resources. 
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(B) REQUIREMENTS.—Each Action Plan 
described in subparagraph (A) for each affili-
ated island shall require and provide for— 
(i) the conduct of 1 or more studies to 
assess opportunities to reduce fossil fuel 
use through— 
(I) the improvement of the en-
ergy efficiency of the affiliated island; 
and 
(II) the increased use by the af-
filiated island of indigenous clean-en-
ergy resources; 
(ii) the identification and implementa-
tion of the most cost-effective strategies 
and projects to reduce the dependence of 
the affiliated island on fossil fuels; 
(iii) the promotion of education and 
training activities to improve the capacity 
of the local utilities of the affiliated island, 
and the government of the affiliated island, 
as appropriate, to plan for, maintain, and 
operate the energy infrastructure of the af-
filiated island through the use of local or 
regional institutions, as appropriate; 
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(iv) the coordination of the activities 
described in clause (iii) to leverage the ex-
pertise and resources of international enti-
ties, the Department of Energy, the De-
partment of the Interior, and the regional 
utilities of the affiliated island; 
(v) the identification, and develop-
ment, as appropriate, of research-based 
and private-public, partnership approaches 
to implement the Action Plan; and 
(vi) any other component that the 
Secretary determines to be necessary to re-
duce successfully the use by each affiliated 
island of fossil fuels. 
(2) REPORTS TO SECRETARY.—Not later than 
1 year after the date on which the Secretary estab-
lishes the team and biennially thereafter, the team 
shall submit to the Secretary a report that contains 
a description of the progress of each affiliated island 
in— 
(A) implementing the Action Plan of the 
affiliated island developed under paragraph 
(1)(A); and 
(B) reducing the reliance of the affiliated 
island on fossil fuels. 
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(d) USE OF REGIONAL UTILITY ORGANIZATIONS.— 
To provide expertise to affiliated islands to assist the af-
filiated islands in meeting the purposes of this section, the 
Secretary shall consider— 
(1) including regional utility organizations in 
the establishment of the team; and 
(2) providing assistance through regional utility 
organizations. 
(e) ANNUAL REPORTS
TO CONGRESS.—Not later 
than 30 days after the date on which the Secretary re-
ceives a report submitted by the team under subsection 
(c)(2), the Secretary shall submit to the appropriate com-
mittees of Congress a report that contains a summary of 
the report of the team. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 274. PRODUCT CARBON DISCLOSURE PROGRAM. 
(a) EPA STUDY.—The Administrator shall conduct 
a study to determine the feasibility of establishing a na-
tional program for measuring, reporting, publicly dis-
closing, and labeling products or materials sold in the 
United States for their carbon content, and shall, not later 
than 18 months after the date of enactment of this Act, 
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transmit a report to Congress which shall include the fol-
lowing: 
(1) A determination of whether a national prod-
uct carbon disclosure program and labeling program 
would be effective in achieving the intended goals of 
achieving greenhouse gas reductions and an exam-
ination of existing programs globally and their 
strengths and weaknesses. 
(2) Criteria for identifying and prioritizing sec-
tors and products and processes that should be cov-
ered in such program or programs. 
(3) An identification of products, processes, or 
sectors whose inclusion could have a substantial car-
bon impact (prioritizing industrial products such as 
iron and steel, aluminum, cement, chemicals, and 
paper products, and also including food, beverage, 
hygiene, cleaning, household cleaners, construction, 
metals, clothing, semiconductor, and consumer elec-
tronics). 
(4) Suggested methodology and protocols for 
measuring the carbon content of the products across 
the entire carbon lifecycle of such products for use 
in a carbon disclosure program and labeling pro-
gram. 
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(5) A review of existing greenhouse gas product 
accounting standards, methodologies, and practices 
including the Greenhouse Gas Protocol, ISO 14040/ 
44, ISO 14067, and Publically Available Specifica-
tion 2050, and including a review of the strengths 
and weaknesses of each. 
(6) A survey of secondary databases including 
the Manufacturing Energy Consumption Survey and 
evaluate the quality of data for use in a product car-
bon disclosure program and product carbon labeling 
program and an identification of gaps in the data 
relative to the potential purposes of a national prod-
uct carbon disclosure program and product carbon 
labeling program and development of recommenda-
tions for addressing these data gaps. 
(7) An assessment of the utility of comparing 
products and the appropriateness of product carbon 
standards. 
(8) An evaluation of the information needed on 
a label for clear and accurate communication, in-
cluding what pieces of quantitative and qualitative 
information needs to be disclosed. 
(9) An evaluation of the appropriate boundaries 
of the carbon lifecycle analysis for different sectors 
and products. 
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(10) An analysis of whether default values 
should be developed for products whose producer 
does not participate in the program or does not have 
data to support a disclosure or label and determine 
best ways to develop such default values. 
(11) A recommendation of certification and 
verification options necessary to assure the quality 
of the information and avoid greenwashing or the 
use of insubstantial or meaningless environmental 
claims to promote a product. 
(12) An assessment of options for educating 
consumers about product carbon content and the 
product carbon disclosure program and product car-
bon labeling program. 
(13) An analysis of the costs and timelines as-
sociated with establishing a national product carbon 
disclosure program and product carbon labeling pro-
gram, including options for a phased approach. 
Costs should include those for businesses associated 
with the measurement of carbon footprints and 
those associated with creating a product carbon label 
and managing and operating a product carbon label-
ing program, and options for minimizing these costs. 
(14) An evaluation of incentives (such as finan-
cial incentives, brand reputation, and brand loyalty) 
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to determine whether reductions in emissions can be 
accelerated through encouraging more efficient man-
ufacturing or by encouraging preferences for lower- 
emissions products to substitute for higher-emissions 
products whose level of performance is no better. 
(b) DEVELOPMENT OF NATIONAL CARBON DISCLO-
SURE PROGRAM.—Upon conclusion of the study, and not 
more than 36 months after the date of enactment of this 
Act, the Administrator shall establish a national product 
carbon disclosure program, participation in which shall be 
voluntary, and which may involve a product carbon label 
with broad applicability to the wholesale and consumer 
markets to enable and encourage knowledge about carbon 
content by producers and consumers and to inform efforts 
to reduce energy consumption (carbon dioxide equivalent 
emissions) nationwide. In developing such a program, the 
Administrator shall— 
(1) consider the results of the study conducted 
under subsection (a); 
(2) consider existing and planned programs and 
proposals and measurement standards (including the 
Publicly Available Specification 2050, standards to 
be developed by the World Resource Institute/World 
Business Council for Sustainable Development, the 
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International Standards Organization, and the bill 
AB19 pending in the California legislature); 
(3) consider the compatibility of a national 
product carbon disclosure program with existing pro-
grams; 
(4) utilize incentives and other means to spur 
the adoption of product carbon disclosure and prod-
uct carbon labeling; 
(5) develop protocols and parameters for a 
product carbon disclosure program, including a 
methodology and formula for assessing, verifying, 
and potentially labeling a product’s greenhouse gas 
content, and for data quality requirements to allow 
for product comparison; 
(6) create a means to— 
(A) document best practices; 
(B) ensure clarity and consistency; 
(C) work with suppliers, manufacturers, 
and retailers to encourage participation; 
(D) ensure that protocols are consistent 
and comparable across like products; and 
(E) evaluate the effectiveness of the pro-
gram; 
(7) make publicly available information on 
product carbon content to ensure transparency; 
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(8) provide for public outreach, including a con-
sumer education program to increase awareness; 
(9) develop training and education programs to 
help businesses learn how to measure and commu-
nicate their carbon footprint and easy tools and tem-
plates for businesses to use to reduce cost and time 
to measure their products’ carbon lifecycle; 
(10) consult with the Secretary of Energy, the 
Secretary of Commerce, the Federal Trade Commis-
sion, and other Federal agencies, as necessary; 
(11) gather input from stakeholders through 
consultations, public workshops or hearings with 
representatives of consumer product manufacturers, 
consumer groups, and environmental groups; 
(12) utilize systems for verification and product 
certification that will ensure that claims manufactur-
ers make about their products are valid; 
(13) create a process for reviewing the accuracy 
of product carbon label information and protecting 
the product carbon label in the case of a change in 
the product’s energy source, supply chain, ingredi-
ents, or other factors, and specify the frequency to 
which data should be updated; and 
(14) develop a standardized, easily understand-
able carbon label, if appropriate, and create a proc-
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ess for responding to inaccuracies and misuses of 
such a label. 
(c) REPORT TO CONGRESS.—Not later than 5 years 
after the program is established pursuant to subsection 
(b), the Administrator shall report to Congress on the ef-
fectiveness and impact of the program, the level of vol-
untary participation, and any recommendations for addi-
tional measures. 
(d) DEFINITIONS.—As used in this section— 
(1) the term ‘‘carbon content’’ means the 
amount of greenhouse gas emissions and their 
warming impact on the atmosphere expressed in car-
bon dioxide equivalent associated with a product’s 
value chain; 
(2) the term ‘‘carbon footprint’’ means the level 
of greenhouse gas emissions produced by a par-
ticular activity, service, or entity; and 
(3) the term ‘‘carbon lifecycle’’ means the 
greenhouse gas emissions that are released as part 
of the processes of creating, producing, processing or 
manufacturing, modifying, transporting, distrib-
uting, storing, using, recycling, or disposing of goods 
and services. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator 
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$5,000,000 for the study required by subsection (a) and 
$25,000,000 for each of fiscal years 2010 through 2025 
for the program required under subsection (b). 
TITLE III—REDUCING GLOBAL 
WARMING POLLUTION 
SEC. 301. SHORT TITLE. 
This title, and sections 112, 116, 221, 222, 223, and 
401 of this Act, and the amendments made by this title 
and those sections, may be cited as the ‘‘Safe Climate 
Act’’. 
Subtitle A—Reducing Global 
Warming Pollution 
SEC. 311. REDUCING GLOBAL WARMING POLLUTION. 
The Clean Air Act (42 U.S.C. and following) is 
amended by adding after title VI the following new title: 
‘‘TITLE VII—GLOBAL WARMING 
POLLUTION REDUCTION PRO-
GRAM 
‘‘PART A—GLOBAL WARMING POLLUTION 
REDUCTION GOALS AND TARGETS 
‘‘SEC. 701. FINDINGS AND PURPOSE. 
‘‘(a) FINDINGS.—The Congress finds as follows: 
‘‘(1) Global warming poses a significant threat 
to the national security, economy, public health and 
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welfare, and environment of the United States, as 
well as of other nations. 
‘‘(2) Reviews of scientific studies, including by 
the Intergovernmental Panel on Climate Change and 
the National Academy of Sciences, demonstrate that 
global warming is the result of the combined anthro-
pogenic greenhouse gas emissions from numerous 
sources of all types and sizes. Each increment of 
emission, when combined with other emissions, 
causes or contributes materially to the acceleration 
and extent of global warming and its adverse effects 
for the lifetime of such gas in the atmosphere. Ac-
cordingly, controlling emissions in small as well as 
large amounts is essential to prevent, slow the pace 
of, reduce the threats from, and mitigate global 
warming and its adverse effects. 
‘‘(3) Because they induce global warming, 
greenhouse gas emissions cause or contribute to in-
juries to persons in the United States, including— 
‘‘(A) adverse health effects such as disease 
and loss of life; 
‘‘(B) displacement of human populations; 
‘‘(C) damage to property and other inter-
ests related to ocean levels, acidification, and 
ice changes; 
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‘‘(D) severe weather and seasonal changes; 
‘‘(E) disruption, costs, and losses to busi-
ness, trade, employment, farms, subsistence, 
aesthetic enjoyment of the environment, recre-
ation, culture, and tourism; 
‘‘(F) damage to plants, forests, lands, and 
waters; 
‘‘(G) harm to wildlife and habitat; 
‘‘(H) scarcity of water and the decreased 
abundance of other natural resources; 
‘‘(I) worsening of tropospheric air pollu-
tion; 
‘‘(J) substantial threats of similar damage; 
and 
‘‘(K) other harm. 
‘‘(4) That many of these effects and risks of fu-
ture effects of global warming are widely shared 
does not minimize the adverse effects individual per-
sons have suffered, will suffer, and are at risk of 
suffering because of global warming. 
‘‘(5) That some of the adverse and potentially 
catastrophic effects of global warming are at risk of 
occurring and not a certainty does not negate the 
harm persons suffer from actions that increase the 
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likelihood, extent, and severity of such future im-
pacts. 
‘‘(6) Nations of the world look to the United 
States for leadership in addressing the threat of and 
harm from global warming. Full implementation of 
the Safe Climate Act is critical to engage other na-
tions in an international effort to mitigate the threat 
of and harm from global warming. 
‘‘(7) Global warming and its adverse effects are 
occurring and are likely to continue and increase in 
magnitude, and to do so at a greater and more 
harmful rate, unless the Safe Climate Act is fully 
implemented and enforced in an expeditious manner. 
‘‘(b) PURPOSE.—It is the general purpose of the Safe 
Climate Act to help prevent, reduce the pace of, mitigate, 
and remedy global warming and its adverse effects. To ful-
fill such purpose, it is necessary to— 
‘‘(1) require the timely fulfillment of all govern-
mental acts and duties, both substantive and proce-
dural, and the prompt compliance of covered entities 
with the requirements of the Safe Climate Act; 
‘‘(2) establish and maintain an effective, trans-
parent, and fair market for emission allowances and 
preserve the integrity of the cap on emissions and of 
offset credits; 
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‘‘(3) advance the production and deployment of 
clean energy and energy efficiency technologies; and 
‘‘(4) ensure effective enforcement of the Safe 
Climate Act by citizens, States, Indian tribes, and 
all levels of government because each violation of the 
Safe Climate Act is likely to result in an additional 
increment of greenhouse gas emission and will slow 
the pace of implementation of the Safe Climate Act 
and delay the achievement of the goals set forth in 
section 702, and cause or contribute to global warm-
ing and its adverse effects. 
‘‘SEC. 702. ECONOMY-WIDE REDUCTION GOALS. 
‘‘The goals of the Safe Climate Act are to reduce 
steadily the quantity of United States greenhouse gas 
emissions such that— 
‘‘(1) in 2012, the quantity of United States 
greenhouse gas emissions does not exceed 97 percent 
of the quantity of United States greenhouse gas 
emissions in 2005; 
‘‘(2) in 2020, the quantity of United States 
greenhouse gas emissions does not exceed 80 percent 
of the quantity of United States greenhouse gas 
emissions in 2005; 
‘‘(3) in 2030, the quantity of United States 
greenhouse gas emissions does not exceed 58 percent 
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of the quantity of United States greenhouse gas 
emissions in 2005; and 
‘‘(4) in 2050, the quantity of United States 
greenhouse gas emissions does not exceed 17 percent 
of the quantity of United States greenhouse gas 
emissions in 2005. 
‘‘SEC. 703. REDUCTION TARGETS FOR SPECIFIED SOURCES. 
‘‘(a) IN GENERAL.—The regulations issued under 
section 721 shall cap and reduce annually the greenhouse 
gas emissions of capped sources each calendar year begin-
ning in 2012 such that— 
‘‘(1) in 2012, the quantity of greenhouse gas 
emissions from capped sources does not exceed 97 
percent of the quantity of greenhouse gas emissions 
from such sources in 2005; 
‘‘(2) in 2020, the quantity of greenhouse gas 
emissions from capped sources does not exceed 83 
percent of the quantity of greenhouse gas emissions 
from such sources in 2005; 
‘‘(3) in 2030, the quantity of greenhouse gas 
emissions from capped sources does not exceed 58 
percent of the quantity of greenhouse gas emissions 
from such sources in 2005; and 
‘‘(4) in 2050, the quantity of greenhouse gas 
emissions from capped sources does not exceed 17 
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percent of the quantity of greenhouse gas emissions 
from such sources in 2005. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘greenhouse gas emissions from such sources in 
2005’ means emissions to which section 722 would have 
applied if the requirements of this title for the specified 
year had been in effect for 2005. 
‘‘SEC. 704. SUPPLEMENTAL POLLUTION REDUCTIONS. 
‘‘For the purposes of decreasing the likelihood of cat-
astrophic climate change, preserving tropical forests, 
building capacity to generate offset credits, and facili-
tating international action on global warming, the Admin-
istrator shall set aside the percentage specified in section 
781 of the quantity of emission allowances established 
under section 721(a) for each year, to be used to achieve 
a reduction of greenhouse gas emissions from deforest-
ation in developing countries in accordance with part E. 
In 2020, activities supported under part E shall provide 
greenhouse gas reductions in an amount equal to an addi-
tional 10 percentage points of reductions from United 
States greenhouse gas emissions in 2005. The Adminis-
trator shall distribute these allowances with respect to ac-
tivities in countries that enter into and implement agree-
ments or arrangements relating to reduced deforestation 
as described in section 754(a)(2). 
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‘‘SEC. 705. REVIEW AND PROGRAM RECOMMENDATIONS. 
‘‘(a) IN GENERAL.—The Administrator shall, in con-
sultation with appropriate Federal agencies, submit to 
Congress a report not later than July 1, 2013, and every 
4 years thereafter, that includes— 
‘‘(1) an analysis of key findings based on the 
latest scientific information and data relevant to 
global climate change; 
‘‘(2) an analysis of capabilities to monitor and 
verify greenhouse gas reductions on a worldwide 
basis, including for the United States, as required 
under the Safe Climate Act; and 
‘‘(3) an analysis of the status of worldwide 
greenhouse gas reduction efforts, including imple-
mentation of the Safe Climate Act and other poli-
cies, both domestic and international, for reducing 
greenhouse gas emissions, preventing dangerous at-
mospheric concentrations of greenhouse gases, pre-
venting significant irreversible consequences of cli-
mate change, and reducing vulnerability to the im-
pacts of climate change. 
‘‘(b) EXCEPTION.—Paragraph (3) of subsection (a) 
shall not apply to the first report submitted under such 
subsection. 
‘‘(c) LATEST SCIENTIFIC INFORMATION.—The anal-
ysis required under subsection (a)(1) shall— 
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‘‘(3) NEWLY ELIGIBLE SECTORS.—In addition 
to receiving a distribution of emission allowances 
under this section in the first distribution occurring 
after an industrial sector is designated as eligible 
under section 764(b)(3), the owner or operator of an 
entity in that eligible industrial sector may receive a 
prorated share of any emission allowances made 
available for distribution under this section that 
were not distributed for the year in which the peti-
tion for eligibility was granted under section 
764(b)(3)(B). 
‘‘(b) CALCULATION OF DIRECT AND INDIRECT CAR-
BON FACTORS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) COVERED ENTITIES.—Except as pro-
vided in subsection (a), for covered entities that 
are in eligible industrial sectors, the amount of 
emission allowance rebates shall be based on 
the sum of the covered entity’s direct and indi-
rect carbon factors. 
‘‘(B) OTHER
ELIGIBLE
ENTITIES.—For 
entities that are in eligible industrial sectors 
but are not covered entities, the amount of 
emission allowance rebates shall be based on 
the entity’s indirect carbon factor. 
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