H. R. 6—35 
this paragraph or makes a change in the analytical method-
ology used for determining the lifecycle greenhouse gas 
emissions, such adjustment, revision, or change (or any 
combination thereof) shall only apply to renewable fuel 
from new facilities that commence construction after the 
effective date of such adjustment, 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 RENEWABLE FUEL.—The 
Administrator may issue regulations providing: (i) for the 
generation of an appropriate amount of credits by any 
person that refines, blends, or imports additional renewable 
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 another 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 Administrator 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 produc-
tion is less than the minimum applicable volume estab-
lished under paragraph (2)(B), as determined by the 
Administrator based on the estimate provided under para-
graph (3)(A), not later than November 30 of the preceding 
calendar 
year, 
the 
Administrator 
shall 
reduce 
the 
applicable volume of cellulosic biofuel required under para-
graph (2)(B) to the projected volume available during that 
calendar year. For any calendar year in which the Adminis-
trator makes such a reduction, the Administrator may also 
reduce the applicable volume of renewable fuel and 
advanced biofuels requirement established under para-
graph (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) Eighteen months after the date of enactment of 
this subparagraph, the Administrator shall promulgate 
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
H. R. 6—36 
shall include such provisions, including limiting the credits’ 
uses and useful life, as the Administrator deems appro-
priate to assist market liquidity and transparency, to pro-
vide appropriate certainty for regulated entities and renew-
able fuel producers, and to limit any potential misuse of 
cellulosic biofuel credits to reduce the use of other renew-
able fuels, and for such other purposes as the Administrator 
determines will help achieve the goals of this subsection. 
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 Administrator, in 
consultation with the Secretary of Energy and the Sec-
retary of Agriculture, shall periodically evaluate the 
impact of the biomass-based diesel requirements estab-
lished under this paragraph on the price of diesel 
fuel. 
‘‘(ii) WAIVER.—If the Administrator determines 
that there is a significant renewable feedstock disrup-
tion or other market circumstances that would make 
the price of biomass-based diesel fuel increase signifi-
cantly, the Administrator, in consultation with the Sec-
retary of Energy and the Secretary of Agriculture, shall 
issue an order to reduce, for up to a 60-day period, 
the quantity of biomass-based diesel required under 
subparagraph (A) by an appropriate quantity that does 
not exceed 15 percent of the applicable annual require-
ment 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 renewable fuel and advanced 
biofuels requirement established under paragraph 
(2)(B) by the same or a lesser volume. 
‘‘(iii) EXTENSIONS.—If the Administrator deter-
mines that the feedstock disruption 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 requirement for biomass-based 
diesel. 
‘‘(F) MODIFICATION OF APPLICABLE VOLUMES.—For any 
of the tables in paragraph (2)(B), if the Administrator 
waives— 
‘‘(i) at least 20 percent of the applicable volume 
requirement set forth in any such table for 2 consecu-
tive years; or
H. R. 6—37 
‘‘(ii) at least 50 percent of such volume requirement 
for a single year, 
the Administrator shall promulgate a rule (within 1 year 
after issuing such waiver) that modifies the applicable vol-
umes 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 STANDARD. 
(a) IN GENERAL.—The Secretary of Energy, in consultation with 
the Secretary of Agriculture and the Administrator of the Environ-
mental 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 nutrition; 
(6) users and consumers 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 agriculture feed-
stocks that, in any crop year, are significantly below current 
projections; 
(2) policy options to alleviate the impact on domestic animal 
agriculture feedstocks that are significantly below current 
projections; and 
(3) policy options to maintain regional agricultural and 
silvicultural capability. 
(d) COMPONENTS.—The study shall include— 
(1) a description of the conditions under which the require-
ments described in section 211(o) of the Clean Air Act should 
be suspended or reduced to prevent 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 adverse economic hard-
ships 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.
H. R. 6—38 
(f) PERIODIC REVIEWS.—Section 211(o) of the Clean Air Act 
is amended by adding the following at the end thereof: 
‘‘(11) PERIODIC
REVIEWS.—To allow for the appropriate 
adjustment of the requirements described in subparagraph (B) 
of paragraph (2), the Administrator shall conduct periodic 
reviews of— 
‘‘(A) existing technologies; 
‘‘(B) the feasibility of achieving compliance with the 
requirements; and 
‘‘(C) the impacts of the requirements described in sub-
section (a)(2) on each individual and entity described in 
paragraph (2).’’. 
SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS. 
(a) IN GENERAL.—Not later than 3 years after the enactment 
of this section and every 3 years thereafter, the Administrator 
of the Environmental Protection Agency, in consultation with the 
Secretary of Agriculture and the Secretary of Energy, shall assess 
and report to Congress on the impacts to date and likely future 
impacts of the requirements of section 211(o) of the Clean Air 
Act on the following: 
(1) Environmental issues, including air quality, effects on 
hypoxia, pesticides, sediment, nutrient and pathogen levels in 
waters, acreage and function of waters, and soil environmental 
quality. 
(2) Resource conservation issues, including soil conserva-
tion, water availability, and ecosystem health and biodiversity, 
including impacts on forests, grasslands, 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 subsection, 
the Administrator may seek the views of the National Academy 
of Sciences or another appropriate independent research institute. 
The report shall include the annual 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 
recommendations for actions to address any adverse impacts found. 
(b) EFFECT
ON AIR QUALITY
AND OTHER ENVIRONMENTAL 
REQUIREMENTS.—Except as provided in section 211(o)(12) 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 super-
seding, or limiting, any more environmentally protective require-
ment under the Clean Air Act, or under any other provision of 
State or Federal law or regulation, including any environmental 
law or regulation. 
SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING. 
(a) IN GENERAL.—Each retail diesel fuel pump shall be labeled 
in a manner that informs consumers of the percent 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 Commission. 
(b) LABELING REQUIREMENTS.—Not later than 180 days after 
the date of enactment of this section, the Federal Trade Commission 
shall promulgate biodiesel labeling requirements as follows: 
(1) Biomass-based diesel blends or biodiesel blends that 
contain less than or equal to 5 percent biomass-based diesel
H. R. 6—39 
or biodiesel by volume and that meet ASTM D975 diesel speci-
fications shall not require 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 biomass-based diesel or biodiesel in quan-
tities between 5 percent and 20 percent’’. 
(3) Biomass-based diesel or biodiesel blends that contain 
more than 20 percent biomass based or biodiesel 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 American Society 
of Testing and Materials. 
(2) BIOMASS-BASED
DIESEL.—The term ‘‘biomass-based 
diesel’’ means biodiesel as defined in section 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 section, the 
term ‘‘electric vehicle’’ means an electric motor vehicle (as defined 
in section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271)) 
for which the rechargeable storage 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 motive 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 section 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 enact-
ment 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 feasi-
bility of using renewable electricity to power electric 
vehicles as an adjunct to a renewable fuels mandate;
H. R. 6—40 
(B) allowing the use, under the pilot program designed 
under subparagraph (A), of electricity generated from 
nuclear energy as an additional source of supply; 
(C) identifying the source of electricity used to power 
electric vehicles; and 
(D) equating specific quantities of electricity to quan-
tities of renewable fuel under section 211(o) of the Clean 
Air Act. 
SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS. 
(a) IN GENERAL.—The Secretary of Energy shall establish a 
grant program to encourage the production of advanced biofuels. 
(b) REQUIREMENTS
AND PRIORITY.—In making grants under 
this section, the Secretary— 
(1) shall make awards to the proposals for advanced 
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 an 80 percent reduction in such lifecycle green-
house 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 QUALITY 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 Administrator, any fuel or fuel additive 
or’’; and 
(2) In subparagraph (A), by striking ‘‘air pollution 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 DETERIORATION.— 
‘‘(1) STUDY.— 
‘‘(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of this subsection, 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 engine 
emissions of air pollutants regulated under this Act. 
‘‘(B) CONSIDERATIONS.—The study shall include consid-
eration of— 
‘‘(i) different blend levels, types of renewable fuels, 
and available vehicle technologies; 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 Administrator shall—
H. R. 6—41 
‘‘(A) promulgate fuel regulations to implement appro-
priate measures to mitigate, to the greatest extent achiev-
able, considering the results of the study under paragraph 
(1), any adverse impacts on air quality, as the result of 
the renewable volumes required by this section; or 
‘‘(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, transpor-
tation fuel sold or introduced into commerce in the United States 
(except in noncontiguous States or territories), that is produced 
from facilities that commence construction after the date of enact-
ment 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 cal-
endar 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 reduction requirement and 
with the 20 percent reduction requirement of section 211(o)(1) of 
the Clean Air Act. The terms used in this subsection shall have 
the same meaning as provided 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 Environ-
mental 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 section as in effect before 
the enactment of this Act and in accordance with the rules promul-
gated before the enactment of this Act, except that for calendar 
year 2008, the number ‘‘9.0’’ shall be substituted for the number 
‘‘5.4’’ in the table in section 211(o)(2)(B) and in the corresponding 
rules promulgated 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 provision 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: 
‘‘(12) EFFECT ON OTHER PROVISIONS.—Nothing in this sub-
section, 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 authority regarding carbon dioxide or any other 
greenhouse gas, for purposes of other provisions (including sec-
tion 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 promulgate regulations 
to carry out such amendments not later than 1 year after the 
enactment of this Act.
H. R. 6—42 
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 consultation with the 
Administrator of the Environmental Protection Agency, shall submit 
to Congress a report on any research 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 STANDARDS.—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 appropriate. 
SEC. 222. BIOGAS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, shall submit to Congress a report 
on any research and development challenges inherent in increasing 
the amount of transportation 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 technologies in States with low 
rates of ethanol production, including low rates of production of 
cellulosic biomass ethanol, 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 colleges or universities, located 
in a State described in subsection (a); or 
(B) be a consortium including at least 1 such institution 
of higher education and industry, State agencies, Indian tribal 
agencies, National Laboratories, or local government agencies 
located in the State; and 
(2) have proven experience and capabilities with relevant 
technologies. 
(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 the 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 Secretary 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 DEVELOPMENT OF ETH-
ANOL FROM CELLULOSIC MATERIALS.—The Secretary shall establish
H. R. 6—43 
a program of research, development, demonstration, and commercial 
application on technologies and processes to enable biorefineries 
that exclusively use corn grain or corn starch as a feedstock to 
produce ethanol to be retrofitted to accept a range of biomass, 
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 Sec-
retary of Transportation and the Administrator of the Environ-
mental Protection Agency, shall conduct a study of whether opti-
mizing flexible fueled vehicles to operate using E–85 fuel would 
increase the fuel efficiency of flexible fueled vehicles. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment 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 PERFORMANCE ASSOCI-
ATED WITH THE USE OF BIODIESEL. 
(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 ini-
tiate 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— 
(1) an assessment of whether the use of biodiesel lessens 
the durability and performance of conventional diesel engines 
and engine systems; and 
(2) an assessment of the effects referred to in subsection 
(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 enact-
ment 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 Environ-
ment and Public Works of the Senate, a report that describes 
the results of the study under this section, including any rec-
ommendations 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 and the 
Secretary of Transportation, shall conduct a study of methods of 
increasing the fuel efficiency of vehicles using biogas by optimizing 
natural gas vehicle systems that can operate on biogas, including
H. R. 6—44 
the advancement of vehicle fuel systems and the combination of 
hybrid-electric and plug-in hybrid electric drive platforms with nat-
ural gas vehicle systems using biogas. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit 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, and to the Committee on Science 
and Technology and the Committee on Energy and Commerce of 
the House of Representatives, a report that describes the results 
of the study, including any recommendations of the Secretary. 
SEC. 228. ALGAL BIOMASS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate, 
a report on the progress of the research and development that 
is being conducted on the use of algae as a feedstock for the 
production of biofuels. 
(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 encourage and further its 
development as a viable transportation fuel. 
SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER. 
(a) IN GENERAL.—The Secretary, in cooperation with the Sec-
retary of Agriculture, shall establish a biofuels and biorefinery 
information center to make available to interested parties informa-
tion on— 
(1) renewable fuel feedstocks, including the varieties 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 related to renew-
able fuel production and use; 
(5) renewable fuel research and development advance-
ments; 
(6) renewable fuel development and biorefinery processes 
and technologies; 
(7) renewable fuel resources, including information on pro-
grams 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 bio-
refinery information center, the Secretary shall— 
(1) continually update information provided by the center; 
(2) make information available relating to processes and 
technologies for renewable fuel production; 
(3) make information available to interested parties on 
the process for establishing a biorefinery; and 
(4) make information and assistance provided by the center 
available through a toll-free telephone number and website.
H. R. 6—45 
(c) COORDINATION
AND NONDUPLICATION.—To the maximum 
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. 
(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 RESEARCH. 
(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 
‘‘eligible entity’’ means— 
(1) an 1890 Institution (as defined in section 2 of the 
Agricultural Research, Extension, and Education 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 ethanol 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 process. 
(c) COLLABORATION.—An eligible entity that is selected to 
receive a grant under subsection (b) shall collaborate 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, AUTHORIZA-
TION 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 inserting 
‘‘$377,000,000’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) in paragraph (3)— 
(i) by striking ‘‘$274,000,000’’ and inserting 
‘‘$398,000,000’’; and 
(ii) by striking the period at the end and inserting 
‘‘; and’’; and 
(C) by adding at the end the following:
H. R. 6—46 
‘‘(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 computational 
biology’’ and inserting ‘‘computational biology, and environ-
mental science’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘in sustainable 
production systems that reduce greenhouse 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 following: 
‘‘(4) develop cellulosic and other feedstocks that are less 
resource and land intensive and that promote sustainable use 
of resources, including soil, water, energy, 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 analytical tools 
to facilitate the analysis of life-cycle energy and greenhouse 
gas emissions, including emissions related to direct and indirect 
land use changes, attributable to all potential biofuel feedstocks 
and production processes; and 
‘‘(6) the systematic evaluation of the impact of expanded 
biofuel production on the environment, including forest lands, 
and on the food supply for humans 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— 
(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 development of small-scale gasifi-
cation technologies for production of biofuel from cellulosic feed-
stocks.’’. 
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 following: 
‘‘(f) BIOENERGY RESEARCH CENTERS.— 
‘‘(1) ESTABLISHMENT OF CENTERS.—In carrying out the pro-
gram under subsection (a), the Secretary shall establish at 
least 7 bioenergy research centers, which may be of varying 
size. 
‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall estab-
lish at least 1 bioenergy research center in each Petroleum
H. R. 6—47 
Administration for Defense District or Subdistrict of a Petro-
leum Administration for Defense District. 
‘‘(3) GOALS.—The goals of the centers established under 
this subsection shall be to accelerate basic transformational 
research and development of biofuels, including biological proc-
esses. 
‘‘(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 requirement for 
establishment of at least 7 bioenergy research centers; 
and 
‘‘(B) may continue to receive support for a period of 
5 years beginning on the date of establishment of the 
center.’’. 
SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a competi-
tive grant program, in a geographically diverse manner, for projects 
submitted for consideration by institutions of higher education to 
conduct research and development of renewable energy technologies. 
Each grant made shall not exceed $2,000,000. 
(b) ELIGIBILITY.—Priority shall be given to institutions 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 Energy 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 
meaning as defined by the U.S. Bureau of the Census. 
Subtitle C—Biofuels Infrastructure 
SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS 
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:
H. R. 6—48 
‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION 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 adopted pursuant to sec-
tion 211(o) of the Clean Air Act (40 CFR, part 80)), deter-
mined without regard 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 
‘‘(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 document 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 restrict the installation 
of a tank on leased marketing premises of such franchisor; 
‘‘(B) converting an existing tank or pump on the mar-
keting premises of the franchisee for renewable fuel use, 
so long as such tank or pump and the piping connecting 
them are either warranted by the manufacturer or certified 
by a recognized standards setting organization to be suit-
able 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 (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 renew-
able 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, misbranding, 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 indemnification and insurance 
policies. 
‘‘(c) EXCEPTION
TO
3-GRADE
REQUIREMENT.—No franchise- 
related document that requires that 3 grades of gasoline be sold
H. R. 6—49 
by the applicable franchisee shall prevent the franchisee from 
selling a renewable fuel in lieu of 1, and only 1, grade of gasoline.’’. 
(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 Petroleum Mar-
keting 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 Petro-
leum 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 con-
sultation with the Secretary of Transportation, shall determine 
and report to Congress annually on the market penetration for 
flexible-fuel vehicles in use within geographic regions to be estab-
lished by the Secretary. 
(b) DISPENSER FEASIBILITY STUDY.—Not later than 24 months 
after the date of enactment of this Act, the Secretary, in consultation 
with the Department of Transportation, shall report to the Congress 
on the feasibility of requiring motor fuel retailers to install E– 
85 compatible dispensers and related systems at retail fuel facilities 
in regions 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 following factors: 
(1) The commercial availability of E–85 fuel and the 
number of competing E–85 wholesale suppliers in a given 
region. 
(2) The level of financial assistance provided on an annual 
basis by the Federal Government, State governments, and non-
profit entities for the installation of E–85 compatible infrastruc-
ture. 
(3) The number of retailers whose retail locations are 
unable to support more than 2 underground storage tank dis-
pensers. 
(4) The expense incurred by retailers in the installation 
and sale of E–85 compatible dispensers and related systems 
and any potential effects on the price of motor vehicle fuel. 
SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY. 
(a) IN GENERAL.—The Secretary, in coordination with the Sec-
retary 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—
H. R. 6—50 
(1) the quantity of ethanol production that would make 
dedicated pipelines economically viable; 
(2) existing or potential barriers to the construction 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 construction of 1 or 
more pipelines dedicated to the transportation of ethanol; 
(5) financial incentives that may be necessary for the 
construction of pipelines dedicated to the transportation of eth-
anol, including the return on equity that sponsors of the initial 
dedicated ethanol pipelines will require to invest in the pipe-
lines; 
(6) technical factors that may compromise the safe 
transportation of ethanol in pipelines, including identification 
of remedial and preventive measures to ensure pipeline integ-
rity; and 
(7) such other factors as the Secretary considers to be 
appropriate. 
(c) REPORT.—Not later than 15 months after the date of enact-
ment of this Act, the Secretary shall submit to Congress 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 avail-
able 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 a gasoline 
blend that contains 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 establish a pro-
gram for making grants for providing assistance to retail and 
wholesale motor fuel dealers or other entities for the installa-
tion, replacement, or conversion of motor fuel storage and dis-
pensing infrastructure to be used exclusively to store and dis-
pense 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 applications for grants under this sub-
section 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 renew-
able fuel blend in a particular geographic area based on 
State registration records showing the number of flexible- 
fuel vehicles; 
(B) consideration of the opportunity to create or expand 
corridors of renewable fuel blend stations along interstate 
or State highways;
H. R. 6—51 
(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— 
(i) are most likely to maximize displacement of 
petroleum consumption, measured as a total quantity 
and a percentage; 
(ii) are best able to incorporate existing infrastruc-
ture while maximizing, to the extent practicable, the 
use of renewable fuel blends; and 
(iii) demonstrate the greatest commitment 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 assist-
ance under this subsection is completed. 
(3) LIMITATIONS.—Assistance provided under this sub-
section shall not exceed— 
(A) 33 percent of the estimated cost of the installation, 
replacement, or conversion of motor fuel storage and dis-
pensing infrastructure; or 
(B) $180,000 for a combination of equipment 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 renewable fuel blends, establishing a marketing 
plan that informs consumers of the price and availability of 
the renewable fuel blends, clearly labeling the dispensers and 
related equipment, and providing periodic reports on the status 
of the renewable fuel blend sales, the type and amount of 
the renewable fuel blends dispensed at each location, and the 
average price of such fuel. 
(5) NOTIFICATION REQUIREMENTS.—Not later than the date 
on which each renewable fuel blend station 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 renewable fuel blend station to the renewable fuel 
blend station locator on its Website when it receives notification 
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 section. 
(7) RESERVATION OF FUNDS.—The Secretary shall reserve 
funds appropriated for the renewable fuel blends infrastructure 
development grant program for technical and marketing assist-
ance described in subsection (c). 
(c) RETAIL TECHNICAL AND MARKETING ASSISTANCE.—The Sec-
retary shall enter into contracts with entities with demonstrated 
experience in assisting retail fueling stations in installing refueling 
systems and marketing renewable 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 applicable Federal 
and State environmental requirements;
H. R. 6—52 
(2) help in identifying supply sources and securing 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 competi-
tive grant pilot program (referred to in this subsection as the 
‘‘pilot program’’), to be administered through the Vehicle Tech-
nology Deployment Program of the Department, to provide 
not more than 10 geographically-dispersed project grants to 
State governments, Indian tribal governments, local govern-
ments, metropolitan transportation authorities, or partnerships 
of those entities to carry out 1 or more projects for the purposes 
described in paragraph (2). 
(2) GRANT PURPOSES.—A grant under this subsection shall 
be used for the establishment of refueling infrastructure cor-
ridors, as designated by the Secretary, for renewable fuel 
blends, including— 
(A) installation of infrastructure and equipment nec-
essary to ensure adequate distribution of renewable fuel 
blends within the corridor; 
(B) installation of infrastructure and equipment nec-
essary to directly support vehicles powered by renewable 
fuel blends; and 
(C) operation and maintenance of infrastructure 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 subsection— 
(I) be submitted by— 
(aa) the head of a State, tribal, or local 
government or a metropolitan transportation 
authority, or any combination of those entities; 
and 
(bb) a registered participant in the Vehicle 
Technology 
Deployment 
Program 
of 
the 
Department; and 
(II) include— 
(aa) a description of the project proposed 
in the application, including the ways in which 
the project meets the requirements of this sub-
section; 
(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 geographic region 
of the corridor, measured as a total quantity 
and a percentage; 
(cc) an estimate of the potential petroleum 
displaced as a result of the project (measured
H. R. 6—53 
as a total quantity and a percentage), and 
a plan to collect and disseminate 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 
assistance after the completion of the term 
of the grant; 
(ee) a complete description of the costs 
of the project, including acquisition, construc-
tion, operation, and maintenance costs over 
the expected life of the project; and 
(ff) a description of which costs of the 
project will be supported by Federal assistance 
under this subsection. 
(B) PARTNERS.—An applicant under subparagraph (A) 
may carry out a project under the pilot program in partner-
ship with public and private entities. 
(4) SELECTION CRITERIA.—In evaluating applications under 
the pilot program, the Secretary shall— 
(A) consider the experience of each applicant with pre-
vious, similar projects; and 
(B) give priority consideration to applications that— 
(i) are most likely to maximize displacement of 
petroleum consumption, measured as a total quantity 
and a percentage; 
(ii) are best able to incorporate existing infrastruc-
ture while maximizing, to the extent practicable, the 
use of advanced biofuels; 
(iii) demonstrate the greatest commitment 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 assist-
ance under this subsection is completed; 
(iv) represent a partnership of public and private 
entities; and 
(v) exceed the minimum requirements of para-
graph (3)(A)(ii). 
(5) PILOT PROJECT REQUIREMENTS.— 
(A) MAXIMUM AMOUNT.—The Secretary shall provide 
not more than $20,000,000 in Federal 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 infrastruc-
ture 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 applicant 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 distribution 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
H. R. 6—54 
pilot program are transferred among the pilot program 
participants and to other interested parties, 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 pub-
lish in the Federal Register, Commerce Business Daily, 
and such other publications as the Secretary considers 
to be appropriate, a notice and request for applications 
to carry out projects under the pilot program. 
(ii) DEADLINE.—An application described 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 applications for grants are 
due under clause (ii), the Secretary shall select by 
competitive, peer-reviewed proposal up to 5 applica-
tions 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 pub-
lish in the Federal Register, Commerce Business Daily, 
and such other publications as the Secretary considers 
to be appropriate, a notice and request for additional 
applications to carry out projects under the pilot pro-
gram 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 described 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 applications for grants are 
due under clause (ii), the Secretary shall select by 
competitive, peer-reviewed proposal such additional 
applications for projects to be awarded a grant under 
the pilot program as the Secretary 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 con-
taining— 
(i) an identification of the grant recipients and 
a description of the projects to be funded under the 
pilot program; 
(ii) an identification of other applicants that sub-
mitted 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 information and knowl-
edge gained by participants in the pilot program are 
transferred among the pilot program participants and
H. R. 6—55 
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 annually thereafter 
until the termination of the 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 company. 
(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 DOMES-
TICALLY-PRODUCED RENEWABLE FUEL BY RAILROADS 
AND OTHER MODES OF TRANSPORTATION. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary, in coordination with the 
Secretary of Transportation, shall jointly conduct a study of 
the adequacy of transportation of domestically-produced renew-
able fuels by railroad and other modes of transportation as 
designated by the Secretaries. 
(2) COMPONENTS.—In conducting the study under para-
graph (1), the Secretaries shall— 
(A) consider the adequacy of existing railroad and other 
transportation and distribution infrastructure, equipment, 
service and capacity to move the necessary quantities of 
domestically-produced renewable fuel within the time-
frames; 
(B)(i) consider the projected costs of moving the domes-
tically-produced renewable fuel by railroad and other modes 
of transportation; and 
(ii) consider the impact of the projected costs on the 
marketability of the domestically-produced renewable fuel; 
(C) identify current and potential impediments to the 
reliable transportation and distribution of adequate sup-
plies of domestically-produced renewable fuel at reasonable 
prices, including practices currently utilized by domestic 
producers, shippers, and receivers of renewable fuels; 
(D) consider whether adequate competition exists 
within and between modes of transportation for the 
transportation and distribution of domestically-produced 
renewable fuel and, whether inadequate competition leads 
to an unfair price for the transportation and distribution 
of domestically-produced renewable fuel or unacceptable 
service for transportation of domestically-produced renew-
able fuel; 
(E) consider whether Federal agencies have adequate 
legal authority to address instances of inadequate competi-
tion when inadequate competition is found to prevent 
domestic producers for renewable fuels from obtaining a 
fair and reasonable transportation price or acceptable 
service for the transportation and distribution of domesti-
cally-produced renewable fuels;
H. R. 6—56 
(F) consider whether Federal agencies have adequate 
legal authority to address railroad and transportation 
service problems that may be resulting in inadequate sup-
plies of domestically-produced renewable fuel in any area 
of the United States; 
(G) consider what transportation infrastructure capital 
expenditures may be necessary to ensure the reliable 
transportation of adequate supplies of domestically-pro-
duced renewable fuel at reasonable prices within the 
United States and which public and private entities should 
be responsible for making such expenditures; and 
(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 enact-
ment of this Act, the Secretaries shall jointly submit to the Com-
mittee on Commerce, Science and Transportation, the Committee 
on Energy and Natural Resources, and the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure 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 renewable 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 toward complying with sub-
section (a), including identifying— 
(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 section shall not 
apply to a Department of Defense fueling center 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 sub-
section (r) (relating to conversion assistance for cellulosic biomass, 
waste-derived ethanol, approved renewable fuels) as subsection (s) 
and by adding the following 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 gallon fuel standard for such fuel and designate an identification 
number so that vehicle manufacturers are able to design engines 
to use fuel meeting such standard.
H. R. 6—57 
‘‘(2) Unless the American Society for Testing and Materials 
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 Administrator 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 design engines to use fuel meeting such standard. 
‘‘(3) Whenever the Administrator is required to initiate a rule-
making under paragraph (1) or (2), the Administrator shall promul-
gate 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 sub-
section, 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 stand-
ards established under regulations under this section, including 
testing and certification for compliance with applicable standards 
of the American Society for Testing and Materials. There are author-
ized 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. 
‘‘(5) For purposes of this subsection, the term ‘biodiesel’ 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 INFRA-
STRUCTURE. 
(a) IN GENERAL.—The Secretary, in coordination with the Sec-
retary 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, fiberglass, 
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 pollut-
ants; 
(5) poor flow properties related to low temperatures; 
(6) oxidative and thermal instability in long-term storage 
and uses; 
(7) microbial contamination; 
(8) problems associated with electrical conductivity; 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:
H. R. 6—58 
‘‘(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 established that such fuel or fuel additive or 
a specified concentration 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 device 
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 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 paragraph, after public notice and comment, within 
270 days of the receipt of such an application.’’. 
TITLE III—ENERGY SAVINGS THROUGH 
IMPROVED STANDARDS FOR APPLI-
ANCE AND LIGHTING 
Subtitle A—Appliance Energy Efficiency 
SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy and Con-
servation 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 external power supply is con-
nected to the main 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 product that constitutes the 
primary load; 
‘‘(IV) is contained in a separate physical enclo-
sure 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. 
‘‘(ii) EXCLUSIONS.—The term ‘class A external 
power supply’ does not include any device that—
H. R. 6—59 
‘‘(I) requires Federal Food and Drug Adminis-
tration listing and approval as a medical device 
in accordance with section 513 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360c); or 
‘‘(II) powers the charger of a detachable bat-
tery 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 external power supply 
is connected to the main electricity supply and the output 
is not connected to a load.’’; and 
(2) by adding at the end the following: 
‘‘(52) DETACHABLE BATTERY.—The term ‘detachable 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.’’. 
(b) TEST PROCEDURES.—Section 323(b) of the Energy Policy 
and Conservation Act (42 U.S.C. 6293(b)) is amended by adding 
at the end the following: 
‘‘(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 Environmental Protection Agency on August 11, 2004, 
except 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 SUP-
PLIES.—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 EXTERNAL POWER 
SUPPLIES.— 
‘‘(A) IN
GENERAL.—Subject to subparagraphs (B) 
through (D), a class A external power supply manufactured 
on or after the later of July 1, 2008, or the date of enact-
ment of this paragraph shall meet the following standards: 
‘‘Active Mode 
‘‘Nameplate Output 
Required Efficiency 
(decimal equivalent of a percent-
age) 
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
H. R. 6—60 
‘‘(B) NONCOVERED SUPPLIES.—A class A external power 
supply shall not be subject to subparagraph (A) if the 
class A external power supply is— 
‘‘(i) manufactured during the period beginning on 
July 1, 2008, and ending on June 30, 2015; and 
‘‘(ii) made available by the manufacturer 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 paragraph shall be clearly 
and permanently marked in accordance with the External 
Power Supply International Efficiency Marking Protocol, 
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 publish a final rule to deter-
mine whether the standards established under 
subparagraph (A) should be amended. 
‘‘(II) ADMINISTRATION.—The final rule shall— 
‘‘(aa) contain any amended standards; and 
‘‘(bb) apply to products manufactured 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 publish a final rule to deter-
mine 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 manufactured on 
or after July 1, 2017. 
‘‘(7) END-USE PRODUCTS.—An energy conservation standard 
for external power supplies shall not constitute an energy con-
servation 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 para-
graph and inserting the following: 
‘‘(1) TEST PROCEDURES.— 
‘‘(A) AMENDMENT.—At least once every 7 years, the 
Secretary shall review test procedures for all covered prod-
ucts and— 
‘‘(i) amend test procedures with respect to any 
covered product, if the Secretary determines that 
amended test procedures would more accurately or 
fully comply with the requirements of paragraph (3); 
or
H. R. 6—61 
‘‘(ii) publish notice in the Federal Register 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; REQUIREMENTS.— 
‘‘(1) TEST PROCEDURES.— 
‘‘(A) AMENDMENT.—At least once every 7 years, the 
Secretary shall conduct an evaluation of each class of cov-
ered equipment and— 
‘‘(i) if the Secretary determines that amended test 
procedures would more accurately or fully comply with 
the requirements of paragraphs (2) and (3), shall pre-
scribe test procedures for the class in accordance with 
this section; or 
‘‘(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 paragraph (4); and 
(3) by inserting after paragraph (2) the following: 
‘‘(3) BOILERS.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (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 Tempera-
ture 
Gas Steam .......................
80% 
No Constant Burning Pilot 
Oil Hot Water ...................
84% 
Automatic Means for Ad-
justing Temperature 
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
H. R. 6—62 
load produces a corresponding incremental change in 
the temperature of water supplied. 
‘‘(ii) SINGLE INPUT RATE.—For a boiler that fires 
at 1 input rate, the requirements of this subparagraph 
may be satisfied by providing an automatic means 
that allows 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. 
‘‘(iii) NO INFERRED HEAT LOAD.—When there is no 
inferred heat load with respect to a hot water boiler, 
the automatic means described in clauses (i) and (ii) 
shall limit the temperature of the water in the boiler 
to not more than 140 degrees Fahrenheit. 
‘‘(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 manufactured to 
operate without any need for electricity or any electric 
connection, electric gauges, electric pumps, electric wires, 
or electric devices shall not be required to meet the require-
ments of this paragraph.’’. 
SEC. 304. FURNACE FAN STANDARD PROCESS. 
Paragraph (4)(D) of section 325(f) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(f)) (as redesignated by section 
303(4)) is amended by striking ‘‘the Secretary may’’ and inserting 
‘‘not later than December 31, 2013, the Secretary shall’’. 
SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND 
CLARIFYING STATE AUTHORITY. 
(a) CONSUMER APPLIANCES.—Section 325 of the Energy Policy 
and Conservation Act (42 U.S.C. 6295) is amended by striking 
subsection (m) and inserting the following: 
‘‘(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 established under subsection (n)(2); 
or 
‘‘(B) a notice of proposed rulemaking including new 
proposed standards based on the criteria established under 
subsection (o) and the procedures established under sub-
section (p). 
‘‘(2) NOTICE.—If the Secretary publishes a notice under 
paragraph (1), the Secretary shall— 
‘‘(A) publish a notice stating that the analysis of the 
Department is publicly available; and 
‘‘(B) provide an opportunity for written comment. 
‘‘(3) AMENDMENT OF STANDARD; NEW DETERMINATION.— 
‘‘(A) AMENDMENT OF STANDARD.—Not later than 2 years 
after a notice is issued under paragraph (1)(B), the Sec-
retary shall publish a final rule amending the standard 
for the product.
H. R. 6—63 
‘‘(B) NEW
DETERMINATION.—Not later than 3 years 
after a determination under paragraph (1)(A), the Secretary 
shall make a new determination and publication under 
subparagraph (A) or (B) of paragraph (1). 
‘‘(4) APPLICATION TO PRODUCTS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), an amendment prescribed under this subsection shall 
apply to— 
‘‘(i) with respect to refrigerators, refrigerator- 
freezers, freezers, room air conditioners, dishwashers, 
clothes washers, clothes dryers, fluorescent lamp bal-
lasts, and kitchen ranges and ovens, such a product 
that is manufactured after the date that is 3 years 
after publication of the final rule establishing an 
applicable standard; and 
‘‘(ii) with respect to central air conditioners, heat 
pumps, water heaters, pool heaters, direct heating 
equipment, and furnaces, such a product that is manu-
factured after the date that is 5 years after publication 
of the final rule establishing an applicable standard. 
‘‘(B) OTHER NEW STANDARDS.—A manufacturer 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 Represent-
atives 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 section; 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.’’. 
(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 subparagraph 
(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 STANDARDS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) ANALYSIS OF POTENTIAL ENERGY SAVINGS.—If 
ASHRAE/IES Standard 90.1 is amended with respect 
to any small commercial package air conditioning and 
heating equipment, large commercial package air 
conditioning and heating equipment, very large 
commercial package air conditioning and heating 
equipment, packaged terminal air conditioners, pack-
aged terminal heat pumps, warm-air furnaces, pack-
aged boilers, storage water heaters, instantaneous 
water heaters, or unfired hot water storage tanks, 
not later than 180 days after the amendment of the 
standard, the Secretary shall publish in the Federal 
Register for public comment an analysis of the energy
H. R. 6—64 
savings potential of amended energy efficiency stand-
ards. 
‘‘(ii) AMENDED UNIFORM NATIONAL STANDARD FOR 
PRODUCTS.— 
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II), not later than 18 months after the 
date of publication of the amendment to the 
ASHRAE/IES 
Standard 
90.1 
for 
a 
product 
described 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 STANDARD.—Subclause 
(I) shall not apply if the Secretary determines, 
by rule published in the Federal Register, and 
supported by clear and convincing evidence, that 
adoption of a uniform national standard more 
stringent 
than 
the 
amended 
ASHRAE/IES 
Standard 90.1 for the product would result in 
significant additional conservation of energy and 
is technologically feasible and economically justi-
fied. 
‘‘(B) RULE.—If the Secretary makes a determination 
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 establishing or amending 
a standard, as required for a product under this part, 
the Secretary shall publish— 
‘‘(I) a notice of the determination of the Sec-
retary 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 rulemaking including 
new proposed standards based on the criteria and 
procedures established under subparagraph (B). 
‘‘(ii) NOTICE.—If the Secretary publishes a notice 
under clause (i), the Secretary shall— 
‘‘(I) publish a notice stating that the analysis 
of the Department is publicly available; and 
‘‘(II) provide an opportunity for written com-
ment. 
‘‘(iii) AMENDMENT OF STANDARD; NEW DETERMINA-
TION.— 
‘‘(I) AMENDMENT
OF
STANDARD.—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 determination under clause (i)(I), the 
Secretary shall make a new determination and 
publication under subclause (I) or (II) of clause 
(i).
H. R. 6—65 
‘‘(iv) APPLICATION TO PRODUCTS.—An amendment 
prescribed under this subsection shall apply to prod-
ucts manufactured after a date that is the later of— 
‘‘(I) the date that is 3 years after publication 
of the final rule establishing a new standard; or 
‘‘(II) the date that is 6 years after the effective 
date of the current standard for a covered product. 
‘‘(v) 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 
progress report every 180 days on compliance with 
this subparagraph, including a specific plan to remedy 
any failures to comply with deadlines for action estab-
lished 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 Con-
servation Act (42 U.S.C. 6295(o)) is amended by adding at the 
end the following: 
‘‘(6) REGIONAL
STANDARDS
FOR
FURNACES, CENTRAL
AIR 
CONDITIONERS, AND HEAT PUMPS.— 
‘‘(A) IN GENERAL.—In any rulemaking to establish a 
new or amended standard, the Secretary may consider 
the establishment of separate standards by geographic 
region for furnaces (except boilers), central air conditioners, 
and heat pumps. 
‘‘(B) NATIONAL AND REGIONAL STANDARDS.— 
‘‘(i) NATIONAL STANDARD.—If the Secretary estab-
lishes a regional standard for a product, the Secretary 
shall establish a base national standard for the 
product. 
‘‘(ii) REGIONAL STANDARDS.—If the Secretary estab-
lishes 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 region defined by the Secretary. 
‘‘(II) For any cooling product, the Secretary 
may establish 1 or 2 additional standards that 
are applicable in 1 or 2 geographic regions as 
may be defined by the Secretary. 
‘‘(C) BOUNDARIES OF GEOGRAPHIC REGIONS.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the bound-
aries of additional geographic regions established by 
the Secretary under this paragraph shall include only 
contiguous States. 
‘‘(ii) ALASKA AND HAWAII.—The States of Alaska 
and Hawaii may be included under this paragraph 
in a geographic region that the States are not contig-
uous to. 
‘‘(iii) INDIVIDUAL STATES.—Individual States shall 
be placed only into a single region under this para-
graph.
H. R. 6—66 
‘‘(D) 
PREREQUISITES.—In 
establishing 
additional 
regional standards under this paragraph, the Secretary 
shall— 
‘‘(i) establish additional regional standards only 
if the Secretary determines that— 
‘‘(I) the establishment of additional regional 
standards will produce significant energy savings 
in comparison to establishing only a single national 
standard; and 
‘‘(II) the additional regional standards are 
economically justified under this paragraph; and 
‘‘(ii) consider the impact of the additional regional 
standards on consumers, manufacturers, and other 
market participants, including product distributors, 
dealers, contractors, and installers. 
‘‘(E) APPLICATION; EFFECTIVE DATE.— 
‘‘(i) BASE NATIONAL STANDARD.—Any base national 
standard established for a product under this para-
graph shall— 
‘‘(I) be the minimum standard for the product; 
and 
‘‘(II) apply to all products manufactured or 
imported into the United States on and after the 
effective date for the standard. 
‘‘(ii) REGIONAL
STANDARDS.—Any additional and 
more restrictive regional standard established for a 
product under this paragraph shall apply to any such 
product installed on or after the effective date of the 
standard in States in which the Secretary has des-
ignated the standard to apply. 
‘‘(F) CONTINUATION OF REGIONAL STANDARDS.— 
‘‘(i) IN GENERAL.—In any subsequent rulemaking 
for any product for which a regional standard has 
been previously established, the Secretary shall deter-
mine whether to continue the establishment of sepa-
rate regional standards for the product. 
‘‘(ii) REGIONAL
STANDARD
NO
LONGER
APPRO-
PRIATE.—Except as provided in clause (iii), if the Sec-
retary determines that regional standards are no 
longer appropriate for a product, beginning on the 
effective 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. 
‘‘(iii) 
REGIONAL
STANDARD
APPROPRIATE
BUT 
STANDARD OR REGION CHANGED.— 
‘‘(I) STATE NO LONGER CONTAINED IN REGION.— 
Subject to subclause (III), if a State is no longer 
contained in a region in which a regional standard 
that is more stringent than the base national 
standard applies, the authority of the State to 
enforce the regional standard shall terminate. 
‘‘(II) STANDARD OR REGION REVISED SO THAT 
EXISTING
REGIONAL
STANDARD
EQUALS
BASE 
NATIONAL STANDARD.—If the Secretary revises a
H. R. 6—68 
‘‘(V) STATE
ENFORCEMENT.—A State agency 
may seek enforcement of a Federal regional 
standard in a Federal court of competent jurisdic-
tion. 
‘‘(H) INFORMATION DISCLOSURE.— 
‘‘(i) IN
GENERAL.—Not later than 90 days after 
the date of the publication of a final rule that estab-
lishes a regional standard for a product, the Federal 
Trade Commission shall undertake a rulemaking to 
determine the appropriate 1 or more methods for dis-
closing information so that consumers, distributors, 
contractors, and installers can easily determine 
whether a specific 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 disclosing informa-
tion under clause (i) may include— 
‘‘(I) modifications to the Energy Guide label; 
or 
‘‘(II) other methods that make it easy for con-
sumers and installers to use and understand at 
the point of installation. 
‘‘(iii) COMPLETION
OF
RULEMAKING.—The rule-
making shall be completed not later 15 months after 
the date of the publication of a final rule that estab-
lishes 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 amended— 
(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 covered 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 knowl-
edge that the entity routinely violates any regional standard 
applicable to the product.’’. 
(c) CONSIDERATION OF PRICES AND OPERATING PATTERNS.—Sec-
tion 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 condi-
tioners and central air conditioning heat pumps with 
less 65,000 Btu per hour (cooling capacity), the Sec-
retary shall use commercial energy prices and oper-
ating patterns in all analyses conducted by the Sec-
retary.’’. 
SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STAND-
ARDS. 
Section 325(p) of the Energy Policy and Conservation Act (42 
U.S.C. 6925(p)) is amended— 
(1) by striking paragraph (1); and
H. R. 6—69 
(2) by redesignating paragraphs (2) through (4) as para-
graphs (1) through (3), respectively. 
SEC. 308. EXPEDITED RULEMAKINGS. 
(a) PROCEDURE FOR PRESCRIBING NEW OR AMENDED STAND-
ARDS.—Section 325(p) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(p)) (as amended by section 307) is amended by 
adding at the end the following: 
‘‘(4) DIRECT FINAL RULES.— 
‘‘(A) IN GENERAL.—On receipt of a statement that is 
submitted jointly by interested persons that are fairly rep-
resentative of relevant points of view (including representa-
tives of manufacturers of covered products, States, and 
efficiency advocates), as determined by the Secretary, and 
contains recommendations with respect to an energy or 
water conservation standard— 
‘‘(i) if the Secretary determines that the rec-
ommended 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 establishes 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 (referred 
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 
determination. 
‘‘(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). 
‘‘(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 Reg-
ister, the Secretary shall withdraw the direct final 
rule if— 
‘‘(I) the Secretary receives 1 or more adverse 
public comments relating to the direct final rule 
under subparagraph (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 adverse 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 
applicable law. 
‘‘(ii) ACTION ON WITHDRAWAL.—On withdrawal of 
a direct final rule under clause (i), the Secretary shall—
H. R. 6—70 
‘‘(I) proceed with the notice of proposed rule-
making published simultaneously with the direct 
final rule as described in subparagraph (A)(i); and 
‘‘(II) publish in the Federal Register the rea-
sons why the direct final rule was withdrawn. 
‘‘(iii) TREATMENT
OF
WITHDRAWN
DIRECT
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 para-
graph 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 Conservation 
Act (42 U.S.C. 6295(u)(1)(E)) is amended— 
(1) by striking ‘‘(E)(i) Not’’ and inserting the following: 
‘‘(E) EXTERNAL POWER SUPPLIES AND BATTERY CHAR-
GERS.— 
‘‘(i) ENERGY CONSERVATION STANDARDS.— 
‘‘(I) EXTERNAL POWER SUPPLIES.—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 chargers or 
determine that no energy conservation standard 
is technically feasible 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)— 
(A) by striking paragraphs (2), (3), and (4); and 
(B) by redesignating paragraphs (5) and (6) as para-
graphs (2) and (3), respectively; 
(2) by redesignating subsection (gg) as subsection (hh); 
(3) by inserting after subsection (ff) the following: 
‘‘(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 energy-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— 
‘‘(I) is connected to a main power source; and
H. R. 6—71 
‘‘(II) is not providing any standby 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 following user- 
oriented or protective functions: 
‘‘(aa) To facilitate the activation or deacti-
vation of other functions (including active 
mode) by remote switch (including remote con-
trol), internal sensor, or timer. 
‘‘(bb) 
Continuous 
functions, 
including 
information or status displays (including 
clocks) or sensor-based functions. 
‘‘(B) AMENDED DEFINITIONS.—The Secretary may, by 
rule, amend the definitions under subparagraph (A), taking 
into consideration the most current versions of Standards 
62301 and 62087 of the International Electrotechnical 
Commission. 
‘‘(2) TEST PROCEDURES.— 
‘‘(A) IN GENERAL.—Test procedures for all covered prod-
ucts shall be amended pursuant to section 323 to include 
standby mode and off mode energy consumption, taking 
into consideration the most current versions of Standards 
62301 and 62087 of the International Electrotechnical 
Commission, with such energy consumption integrated into 
the overall energy efficiency, energy consumption, or other 
energy descriptor for each covered product, unless the Sec-
retary 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 tech-
nically infeasible for a particular covered product, in 
which case the Secretary shall prescribe a separate 
standby mode and 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 dryers, room air 
conditioners, and fluorescent lamp ballasts. 
‘‘(iii) June 30, 2009, for residential clothes washers. 
‘‘(iv) September 30, 2009, for residential 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
H. R. 6—72 
not be used to determine compliance with product stand-
ards established prior to the adoption of the amended test 
procedures. 
‘‘(3) INCORPORATION INTO STANDARD.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (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 feasible, the Sec-
retary shall prescribe within the final rule a separate 
standard for standby mode and off mode energy consump-
tion, if justified under subsection (o).’’; and 
(4) in paragraph (2) of subsection (hh) (as redesignated 
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 Energy Policy 
and Conservation Act (42 U.S.C. 6295(cc)) is amended by 
striking paragraph (2) and inserting the following: 
‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER 
1, 2012.—Dehumidifiers manufactured on or after October 1, 
2012, shall have an Energy Factor that meets or exceeds the 
following values: 
‘‘Product Capacity (pints/day): 
Minimum Energy 
Factor (liters/ 
kWh)
Up to 35.00 ..................................................................
1.35
35.01–45.00 ..................................................................
1.50
45.01–54.00 ..................................................................
1.60
54.01–75.00 ..................................................................
1.70
Greater than 75.00 ......................................................
2.5.’’. 
(2) RESIDENTIAL CLOTHES WASHERS AND RESIDENTIAL DISH-
WASHERS.—Section 325(g) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295(g)) is amended by adding at the 
end the following: 
‘‘(9) RESIDENTIAL CLOTHES WASHERS MANUFACTURED ON OR 
AFTER JANUARY 1, 2011.— 
‘‘(A) IN
GENERAL.—A top-loading or front-loading 
standard-size residential clothes washer manufactured on 
or after January 1, 2011, shall have— 
‘‘(i) a Modified Energy Factor of at least 1.26; 
and 
‘‘(ii) a water factor of not more than 9.5. 
‘‘(B) AMENDMENT OF STANDARDS.— 
‘‘(i) IN
GENERAL.—Not later than December 31, 
2011, the Secretary shall publish a final rule deter-
mining whether to amend the standards in effect for 
clothes washers manufactured on or after January 1, 
2015.
H. R. 6—74 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) through (5), 
each walk-in cooler or walk-in freezer manufactured on or 
after January 1, 2009, shall— 
‘‘(A) have automatic door closers that firmly close all 
walk-in doors that have been closed to within 1 inch of 
full closure, except that this subparagraph shall not apply 
to doors wider than 3 feet 9 inches or taller than 7 feet; 
‘‘(B) have strip doors, spring hinged doors, or other 
method of minimizing infiltration when doors are open; 
‘‘(C) contain wall, ceiling, and door insulation of at 
least R–25 for coolers and R–32 for freezers, except that 
this subparagraph shall not apply to glazed portions of 
doors nor to structural members; 
‘‘(D) contain floor insulation of at least R–28 for 
freezers; 
‘‘(E) for evaporator fan motors of under 1 horsepower 
and less than 460 volts, use— 
‘‘(i) electronically commutated motors (brushless 
direct current motors); or 
‘‘(ii) 3-phase motors; 
‘‘(F) for condenser fan motors of under 1 horsepower, 
use— 
‘‘(i) electronically commutated motors; 
‘‘(ii) permanent split capacitor-type motors; or 
‘‘(iii) 3-phase motors; and 
‘‘(G) for all interior lights, use light sources with an 
efficacy of 40 lumens per watt or more, including ballast 
losses (if any), except that light sources with an efficacy 
of 40 lumens per watt or less, including ballast losses 
(if any), may be used in conjunction with a timer or device 
that turns off the lights within 15 minutes of when the 
walk-in cooler or walk-in freezer is not occupied by people. 
‘‘(2) ELECTRONICALLY COMMUTATED MOTORS.— 
‘‘(A) IN
GENERAL.—The requirements of paragraph 
(1)(E)(i) for electronically commutated motors shall take 
effect January 1, 2009, unless, prior to that date, the Sec-
retary determines that such motors are only available from 
1 manufacturer. 
‘‘(B) OTHER TYPES OF MOTORS.—In carrying out para-
graph (1)(E)(i) and subparagraph (A), the Secretary may 
allow other types of motors if the Secretary determines 
that, on average, those other motors use no more energy 
in evaporator fan applications than electronically com-
mutated motors. 
‘‘(C) MAXIMUM ENERGY CONSUMPTION LEVEL.—The Sec-
retary shall establish the maximum energy consumption 
level under subparagraph (B) not later than January 1, 
2010. 
‘‘(3) ADDITIONAL SPECIFICATIONS.—Each walk-in cooler or 
walk-in freezer with transparent reach-in doors manufactured 
on or after January 1, 2009, shall also meet the following 
specifications: 
‘‘(A) Transparent reach-in doors for walk-in freezers 
and windows in walk-in freezer doors shall be of triple- 
pane glass with either heat-reflective treated glass or gas 
fill.
H. R. 6—75 
‘‘(B) Transparent reach-in doors for walk-in coolers 
and windows in walk-in cooler doors shall be— 
‘‘(i) double-pane glass with heat-reflective treated 
glass and gas fill; or 
‘‘(ii) triple-pane glass with either heat-reflective 
treated glass or gas fill. 
‘‘(C) If the appliance has an antisweat heater without 
antisweat heat controls, the appliance shall have a total 
door rail, glass, and frame heater power draw of not more 
than 7.1 watts per square foot of door opening (for freezers) 
and 3.0 watts per square foot of door opening (for coolers). 
‘‘(D) If the appliance has an antisweat heater with 
antisweat heat controls, and the total door rail, glass, and 
frame heater power draw is more than 7.1 watts per square 
foot of door opening (for freezers) and 3.0 watts per square 
foot of door opening (for coolers), the antisweat heat con-
trols shall reduce the energy use of the antisweat heater 
in a quantity corresponding to the relative humidity in 
the air outside the door or to the condensation on the 
inner glass pane. 
‘‘(4) PERFORMANCE-BASED STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2012, 
the Secretary shall publish performance-based standards 
for walk-in coolers and walk-in freezers that achieve the 
maximum improvement in energy that the Secretary deter-
mines is technologically feasible and economically justified. 
‘‘(B) APPLICATION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the standards shall apply to products described 
in subparagraph (A) that are manufactured beginning 
on the date that is 3 years after the final rule is 
published. 
‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary 
determines, by rule, that a 3-year period is inadequate, 
the Secretary may establish an effective date for prod-
ucts manufactured beginning on the date that is not 
more than 5 years after the date of publication of 
a final rule for the products. 
‘‘(5) AMENDMENT OF STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2020, 
the Secretary shall publish a final rule to determine if 
the standards established under paragraph (4) should be 
amended. 
‘‘(B) APPLICATION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the rule shall provide that the standards shall 
apply to products manufactured beginning on the date 
that is 3 years after the final rule is published. 
‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary 
determines, by rule, that a 3-year period is inadequate, 
the Secretary may establish an effective date for prod-
ucts manufactured beginning on the date that is not 
more than 5 years after the date of publication of 
a final rule for the products.’’. 
(c) TEST PROCEDURES.—Section 343(a) of the Energy Policy 
and Conservation Act (42 U.S.C. 6314(a)) is amended by adding 
at the end the following:
H. R. 6—76 
‘‘(9) WALK-IN COOLERS AND WALK-IN FREEZERS.— 
‘‘(A) IN GENERAL.—For the purpose of test procedures 
for walk-in coolers and walk-in freezers: 
‘‘(i) The R value shall be the 1/K factor multiplied 
by the thickness of the panel. 
‘‘(ii) The K factor shall be based on ASTM test 
procedure C518–2004. 
‘‘(iii) For calculating the R value for freezers, the 
K factor of the foam at 20°F (average foam tempera-
ture) shall be used. 
‘‘(iv) For calculating the R value for coolers, the 
K factor of the foam at 55°F (average foam tempera-
ture) shall be used. 
‘‘(B) TEST PROCEDURE.— 
‘‘(i) IN GENERAL.—Not later than January 1, 2010, 
the Secretary shall establish a test procedure to 
measure the energy-use of walk-in coolers and walk- 
in freezers. 
‘‘(ii) COMPUTER
MODELING.—The test procedure 
may be based on computer modeling, if the computer 
model or models have been verified using the results 
of laboratory tests on a significant sample of walk- 
in coolers and walk-in freezers.’’. 
(d) LABELING.—Section 344(e) of the Energy Policy and Con-
servation Act (42 U.S.C. 6315(e)) is amended by inserting ‘‘walk- 
in coolers and walk-in freezers,’’ after ‘‘commercial clothes washers,’’ 
each place it appears. 
(e) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMP-
TION.—Section 345 of the Energy Policy and Conservation Act (42 
U.S.C. 6316) is amended— 
(1) by striking ‘‘subparagraphs (B), (C), (D), (E), and (F)’’ 
each place it appears and inserting ‘‘subparagraphs (B) through 
(G)’’; and 
(2) by adding at the end the following: 
‘‘(h) WALK-IN COOLERS AND WALK-IN FREEZERS.— 
‘‘(1) COVERED TYPES.— 
‘‘(A) RELATIONSHIP TO OTHER LAW.— 
‘‘(i) IN
GENERAL.—Except as otherwise provided 
in this subsection, section 327 shall apply to walk- 
in coolers and walk-in freezers for which standards 
have been established under paragraphs (1), (2), and 
(3) of section 342(f) to the same extent and in the 
same manner as the section applies under part A on 
the date of enactment of this subsection. 
‘‘(ii) STATE STANDARDS.—Any State standard pre-
scribed before the date of enactment of this subsection 
shall not be preempted until the standards established 
under paragraphs (1) and (2) of section 342(f) take 
effect. 
‘‘(B) ADMINISTRATION.—In applying section 327 to 
equipment under subparagraph (A), paragraphs (1), (2), 
and (3) of subsection (a) shall apply. 
‘‘(2) FINAL RULE NOT TIMELY.— 
‘‘(A) IN GENERAL.—If the Secretary does not issue a 
final rule for a specific type of walk-in cooler or walk- 
in freezer within the timeframe established under para-
graph (4) or (5) of section 342(f), subsections (b) and (c)
H. R. 6—77 
of section 327 shall no longer apply to the specific type 
of walk-in cooler or walk-in freezer during the period— 
‘‘(i) beginning on the day after the scheduled date 
for a final rule; and 
‘‘(ii) ending on the date on which the Secretary 
publishes a final rule covering the specific type of 
walk-in cooler or walk-in freezer. 
‘‘(B) STATE
STANDARDS.—Any State standard issued 
before the publication of the final rule shall not be pre-
empted until the standards established in the final rule 
take effect. 
‘‘(3) CALIFORNIA.—Any standard issued in the State of Cali-
fornia before January 1, 2011, under title 20 of the California 
Code of Regulations, that refers to walk-in coolers and walk- 
in freezers, for which standards have been established under 
paragraphs (1), (2), and (3) of section 342(f), shall not be pre-
empted until the standards established under section 342(f)(3) 
take effect.’’. 
SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS. 
(a) DEFINITIONS.—Section 340(13) of the Energy Policy and 
Conservation Act (42 U.S.C. 6311(13)) is amended— 
(1) by redesignating subparagraphs (B) through (H) as 
subparagraphs (C) through (I), respectively; and 
(2) by striking ‘‘(13)(A)’’ and all that follows through the 
end of subparagraph (A) and inserting the following: 
‘‘(13) ELECTRIC MOTOR.— 
‘‘(A) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I).— 
The term ‘general purpose electric motor (subtype I)’ means 
any motor that meets the definition of ‘General Purpose’ 
as established in the final rule issued by the Department 
of Energy entitled ‘Energy Efficiency Program for Certain 
Commercial and Industrial Equipment: Test Procedures, 
Labeling, and Certification Requirements for Electric 
Motors’ (10 CFR 431), as in effect on the date of enactment 
of the Energy Independence and Security Act of 2007. 
‘‘(B) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II).— 
The term ‘general purpose electric motor (subtype II)’ 
means motors incorporating the design elements of a gen-
eral purpose electric motor (subtype I) that are configured 
as 1 of the following: 
‘‘(i) A U-Frame Motor. 
‘‘(ii) A Design C Motor. 
‘‘(iii) A close-coupled pump motor. 
‘‘(iv) A Footless motor. 
‘‘(v) A vertical solid shaft normal thrust motor 
(as tested in a horizontal configuration). 
‘‘(vi) An 8-pole motor (900 rpm). 
‘‘(vii) A poly-phase motor with voltage of not more 
than 600 volts (other than 230 or 460 volts.’’. 
(b) STANDARDS.— 
(1) AMENDMENTS.—Section 342(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(b)) is amended— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the following: 
‘‘(2) ELECTRIC MOTORS.—
H. R. 6—78 
‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE I).— 
Except as provided in subparagraph (B), each general pur-
pose electric motor (subtype I) with a power rating of 
1 horsepower or greater, but not greater than 200 horse-
power, manufactured (alone or as a component of another 
piece of equipment) after the 3-year period beginning on 
the date of enactment of the Energy Independence and 
Security Act of 2007, shall have a nominal full load effi-
ciency that is not less than as defined in NEMA MG– 
1 (2006) Table 12–12. 
‘‘(B) FIRE PUMP MOTORS.—Each fire pump motor manu-
factured (alone or as a component of another piece of equip-
ment) after the 3-year period beginning on the date of 
enactment of the Energy Independence and Security Act 
of 2007 shall have nominal full load efficiency that is 
not less than as defined in NEMA MG–1 (2006) Table 
12–11. 
‘‘(C) GENERAL
PURPOSE
ELECTRIC
MOTORS
(SUBTYPE 
II).—Each general purpose electric motor (subtype II) with 
a power rating of 1 horsepower or greater, but not greater 
than 200 horsepower, manufactured (alone or as a compo-
nent of another piece of equipment) after the 3-year period 
beginning on the date of enactment of the Energy Independ-
ence and Security Act of 2007, shall have a nominal full 
load efficiency that is not less than as defined in NEMA 
MG–1 (2006) Table 12–11. 
‘‘(D) NEMA DESIGN
B, GENERAL
PURPOSE
ELECTRIC 
MOTORS.—Each NEMA Design B, general purpose electric 
motor with a power rating of more than 200 horsepower, 
but not greater than 500 horsepower, manufactured (alone 
or as a component of another piece of equipment) after 
the 3-year period beginning on the date of enactment of 
the Energy Independence and Security Act of 2007, shall 
have a nominal full load efficiency that is not less than 
as defined in NEMA MG–1 (2006) Table 12–11.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) take effect on the date that is 3 years after the date 
of enactment of this Act. 
SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDI-
TIONERS AND HEAT PUMPS. 
(a) DEFINITIONS.—Section 340 of the Energy Policy and Con-
servation Act (42 U.S.C. 6311) is amended by adding at the end 
the following: 
‘‘(22) SINGLE
PACKAGE
VERTICAL
AIR
CONDITIONER.—The 
term ‘single package vertical air conditioner’ means air-cooled 
commercial package air conditioning and heating equipment 
that— 
‘‘(A) is factory-assembled as a single package that— 
‘‘(i) has major components that are arranged 
vertically; 
‘‘(ii) is an encased combination of cooling and 
optional heating components; and 
‘‘(iii) is intended for exterior mounting on, adjacent 
interior to, or through an outside wall; 
‘‘(B) is powered by a single- or 3-phase current;
H. R. 6—81 
climates, including combined heat and power units and 
increased use of renewable resources, including fuel.’’. 
(b) REBATES.—Section 124 of the Energy Policy Act of 2005 
(42 U.S.C. 15821) is amended— 
(1) in subsection (b)(1), by inserting ‘‘, or products with 
improved energy efficiency in cold climates,’’ after ‘‘residential 
Energy Star products’’; and 
(2) in subsection (e), by inserting ‘‘or product with improved 
energy efficiency in a cold climate’’ after ‘‘residential Energy 
Star product’’ each place it appears. 
SEC. 316. TECHNICAL CORRECTIONS. 
(a) DEFINITION OF F96T12 LAMP.— 
(1) IN
GENERAL.—Section 135(a)(1)(A)(ii) of the Energy 
Policy Act of 2005 (Public Law 109–58; 119 Stat. 624) is 
amended by striking ‘‘C78.1–1978 (R1984)’’ and inserting 
‘‘C78.3–1978 (R1984)’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) takes effect on August 8, 2005. 
(b) DEFINITION OF FLUORESCENT LAMP.—Section 321(30)(B)(viii) 
of 
the 
Energy 
Policy 
and 
Conservation 
Act 
(42 
U.S.C. 
6291(30)(B)(viii)) is amended by striking ‘‘82’’ and inserting ‘‘87’’. 
(c) MERCURY VAPOR LAMP BALLASTS.— 
(1) DEFINITIONS.—Section 321 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291) (as amended by section 
301(a)(2)) is amended— 
(A) by striking paragraphs (46) through (48) and 
inserting the following: 
‘‘(46) HIGH INTENSITY DISCHARGE LAMP.— 
‘‘(A) IN GENERAL.—The term ‘high intensity discharge 
lamp’ means an electric-discharge lamp in which— 
‘‘(i) the light-producing arc is stabilized by the 
arc tube wall temperature; and 
‘‘(ii) the arc tube wall loading is in excess of 3 
Watts/cm2. 
‘‘(B) INCLUSIONS.—The term ‘high intensity discharge 
lamp’ includes mercury vapor, metal halide, and high-pres-
sure sodium lamps described in subparagraph (A). 
‘‘(47) MERCURY VAPOR LAMP.— 
‘‘(A) IN
GENERAL.—The term ‘mercury vapor lamp’ 
means a high intensity discharge lamp in which the major 
portion of the light is produced by radiation from mercury 
typically operating at a partial vapor pressure in excess 
of 100,000 Pa (approximately 1 atm). 
‘‘(B) INCLUSIONS.—The term ‘mercury vapor lamp’ 
includes clear, phosphor-coated, and self-ballasted screw 
base lamps described in subparagraph (A). 
‘‘(48) MERCURY VAPOR LAMP BALLAST.—The term ‘mercury 
vapor lamp ballast’ means a device that is designed and mar-
keted to start and operate mercury vapor lamps intended for 
general illumination by providing the necessary voltage and 
current.’’; and 
(B) by adding at the end the following: 
‘‘(53) SPECIALTY APPLICATION MERCURY VAPOR LAMP BAL-
LAST.—The term ‘specialty application mercury vapor lamp bal-
last’ means a mercury vapor lamp ballast that—
H. R. 6—82 
‘‘(A) is designed and marketed for operation of mercury 
vapor lamps used in quality inspection, industrial proc-
essing, or scientific use, including fluorescent microscopy 
and ultraviolet curing; and 
‘‘(B) in the case of a specialty application mercury 
vapor lamp ballast, the label of which— 
‘‘(i) provides that the specialty application mercury 
vapor lamp ballast is ‘For specialty applications only, 
not for general illumination’; and 
‘‘(ii) specifies the specific applications for which 
the ballast is designed.’’. 
(2) STANDARD SETTING AUTHORITY.—Section 325(ee) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is 
amended by inserting ‘‘(other than specialty application mer-
cury vapor lamp ballasts)’’ after ‘‘ballasts’’. 
(d) ENERGY CONSERVATION STANDARDS.—Section 325 of the 
Energy Policy and Conservation Act (42 U.S.C. 6295) is amended— 
(1) in subsection (v)— 
(A) in the subsection heading, by striking ‘‘CEILING 
FANS AND’’; 
(B) by striking paragraph (1); and 
(C) by redesignating paragraphs (2) through (4) as 
paragraphs (1) through (3), respectively; and 
(2) in subsection (ff)— 
(A) in paragraph (1)(A)— 
(i) by striking clause (iii); 
(ii) by redesignating clause (iv) as clause (iii); and 
(iii) in clause (iii)(II) (as so redesignated), by 
inserting ‘‘fans sold for’’ before ‘‘outdoor’’; and 
(B) in paragraph (4)(C)— 
(i) in the matter preceding clause (i), by striking 
‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (A)’’; 
and 
(ii) by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii) shall be packaged with lamps to fill all sockets.’’; 
(C) in paragraph (6), by redesignating subparagraphs 
(C) and (D) as clauses (i) and (ii), respectively, of subpara-
graph (B); and 
(D) in paragraph (7), by striking ‘‘327’’ the second 
place it appears and inserting ‘‘324’’. 
Subtitle B—Lighting Energy Efficiency 
SEC. 321. EFFICIENT LIGHT BULBS. 
(a) ENERGY EFFICIENCY STANDARDS
FOR GENERAL SERVICE 
INCANDESCENT LAMPS.— 
(1) DEFINITION OF GENERAL SERVICE INCANDESCENT LAMP.— 
Section 321(30) of the Energy Policy and Conservation Act 
(42 U.S.C. 6291(30)) is amended— 
(A) by striking subparagraph (D) and inserting the 
following: 
‘‘(D) GENERAL SERVICE INCANDESCENT LAMP.— 
‘‘(i) IN
GENERAL.—The term ‘general service 
incandescent lamp’ means a standard incandescent or 
halogen type lamp that—
H. R. 6—83 
‘‘(I) is intended for general service applica-
tions; 
‘‘(II) has a medium screw base; 
‘‘(III) has a lumen range of not less than 310 
lumens and not more than 2,600 lumens; and 
‘‘(IV) is capable of being operated at a voltage 
range at least partially within 110 and 130 volts. 
‘‘(ii) EXCLUSIONS.—The term ‘general service 
incandescent lamp’ does not include the following 
incandescent lamps: 
‘‘(I) An appliance lamp. 
‘‘(II) A black light lamp. 
‘‘(III) A bug lamp. 
‘‘(IV) A colored lamp. 
‘‘(V) An infrared lamp. 
‘‘(VI) A left-hand thread lamp. 
‘‘(VII) A marine lamp. 
‘‘(VIII) A marine signal service lamp. 
‘‘(IX) A mine service lamp. 
‘‘(X) A plant light lamp. 
‘‘(XI) A reflector lamp. 
‘‘(XII) A rough service lamp. 
‘‘(XIII) A shatter-resistant lamp (including a 
shatter-proof lamp and a shatter-protected lamp). 
‘‘(XIV) A sign service lamp. 
‘‘(XV) A silver bowl lamp. 
‘‘(XVI) A showcase lamp. 
‘‘(XVII) A 3-way incandescent lamp. 
‘‘(XVIII) A traffic signal lamp. 
‘‘(XIX) A vibration service lamp. 
‘‘(XX) A G shape lamp (as defined in ANSI 
C78.20–2003 and C79.1–2002 with a diameter of 
5 inches or more. 
‘‘(XXI) A T shape lamp (as defined in ANSI 
C78.20–2003 and C79.1–2002) and that uses not 
more than 40 watts or has a length of more than 
10 inches. 
‘‘(XXII) A B, BA, CA, F, G16–1/2, G–25, G30, 
S, or M–14 lamp (as defined in ANSI C79.1–2002 
and ANSI C78.20–2003) of 40 watts or less.’’; and 
(B) by adding at the end the following: 
‘‘(T) APPLIANCE
LAMP.—The term ‘appliance lamp’ 
means any lamp that— 
‘‘(i) is specifically designed to operate in a house-
hold appliance, has a maximum wattage of 40 watts, 
and is sold at retail, including an oven lamp, refrig-
erator lamp, and vacuum cleaner lamp; and 
‘‘(ii) is designated and marketed for the intended 
application, with— 
‘‘(I) the designation on the lamp packaging; 
and 
‘‘(II) marketing materials that identify the 
lamp as being for appliance use. 
‘‘(U) CANDELABRA
BASE
INCANDESCENT
LAMP.—The 
term ‘candelabra base incandescent lamp’ means a lamp 
that uses candelabra screw base as described in ANSI
H. R. 6—84 
C81.61–2006, Specifications for Electric Bases, common 
designations E11 and E12. 
‘‘(V) INTERMEDIATE
BASE
INCANDESCENT
LAMP.—The 
term ‘intermediate base incandescent lamp’ means a lamp 
that uses an intermediate screw base as described in ANSI 
C81.61–2006, Specifications for Electric Bases, common 
designation E17. 
‘‘(W) MODIFIED SPECTRUM.—The term ‘modified spec-
trum’ means, with respect to an incandescent lamp, an 
incandescent lamp that— 
‘‘(i) is not a colored incandescent lamp; and 
‘‘(ii) when operated at the rated voltage and watt-
age of the incandescent lamp— 
‘‘(I) has a color point with (x,y) chromaticity 
coordinates on the Commission Internationale de 
l’Eclairage (C.I.E.) 1931 chromaticity diagram that 
lies below the black-body locus; and 
‘‘(II) has a color point with (x,y) chromaticity 
coordinates on the C.I.E. 1931 chromaticity dia-
gram that lies at least 4 MacAdam steps (as ref-
erenced in IESNA LM16) distant from the color 
point of a clear lamp with the same filament and 
bulb shape, operated at the same rated voltage 
and wattage. 
‘‘(X) ROUGH SERVICE LAMP.—The term ‘rough service 
lamp’ means a lamp that— 
‘‘(i) has a minimum of 5 supports with filament 
configurations that are C–7A, C–11, C–17, and C– 
22 as listed in Figure 6–12 of the 9th edition of the 
IESNA Lighting handbook, or similar configurations 
where lead wires are not counted as supports; and 
‘‘(ii) is designated and marketed specifically for 
‘rough service’ applications, with— 
‘‘(I) the designation appearing on the lamp 
packaging; and 
‘‘(II) marketing materials that identify the 
lamp as being for rough service. 
‘‘(Y) 3-WAY
INCANDESCENT
LAMP.—The term ‘3-way 
incandescent lamp’ includes an incandescent lamp that— 
‘‘(i) employs 2 filaments, operated separately and 
in combination, to provide 3 light levels; and 
‘‘(ii) is designated on the lamp packaging and mar-
keting materials as being a 3-way incandescent lamp. 
‘‘(Z) SHATTER-RESISTANT LAMP, SHATTER-PROOF LAMP, 
OR SHATTER-PROTECTED LAMP.—The terms ‘shatter-resist-
ant lamp’, ‘shatter-proof lamp’, and ‘shatter-protected lamp’ 
mean a lamp that— 
‘‘(i) has a coating or equivalent technology that 
is compliant with NSF/ANSI 51 and is designed to 
contain the glass if the glass envelope of the lamp 
is broken; and 
‘‘(ii) is designated and marketed for the intended 
application, with— 
‘‘(I) the designation on the lamp packaging; 
and
H. R. 6—85 
‘‘(II) marketing materials that identify the 
lamp as being shatter-resistant, shatter-proof, or 
shatter-protected. 
‘‘(AA) VIBRATION SERVICE LAMP.—The term ‘vibration 
service lamp’ means a lamp that— 
‘‘(i) has filament configurations that are C–5, C– 
7A, or C–9, as listed in Figure 6–12 of the 9th Edition 
of the IESNA Lighting Handbook or similar configura-
tions; 
‘‘(ii) has a maximum wattage of 60 watts; 
‘‘(iii) is sold at retail in packages of 2 lamps or 
less; and 
‘‘(iv) is designated and marketed specifically for 
vibration service or vibration-resistant applications, 
with— 
‘‘(I) the designation appearing on the lamp 
packaging; and 
‘‘(II) marketing materials that identify the 
lamp as being vibration service only. 
‘‘(BB) GENERAL SERVICE LAMP.— 
‘‘(i) IN GENERAL.—The term ‘general service lamp’ 
includes— 
‘‘(I) general service incandescent lamps; 
‘‘(II) compact fluorescent lamps; 
‘‘(III) general service light-emitting diode (LED 
or OLED) lamps; and 
‘‘(IV) any other lamps that the Secretary deter-
mines are used to satisfy lighting applications 
traditionally served by general service incandes-
cent lamps. 
‘‘(ii) EXCLUSIONS.—The term ‘general service lamp’ 
does not include— 
‘‘(I) any lighting application or bulb shape 
described in any of subclauses (I) through (XXII) 
of subparagraph (D)(ii); or 
‘‘(II) any general service fluorescent lamp or 
incandescent reflector lamp. 
‘‘(CC) LIGHT-EMITTING DIODE; LED.— 
‘‘(i) IN GENERAL.—The terms ‘light-emitting diode’ 
and ‘LED’ means a p-n junction solid state device the 
radiated output of which is a function of the physical 
construction, material used, and exciting current of 
the device. 
‘‘(ii) OUTPUT.—The output of a light-emitting diode 
may be in— 
‘‘(I) the infrared region; 
‘‘(II) the visible region; or 
‘‘(III) the ultraviolet region. 
‘‘(DD) ORGANIC
LIGHT-EMITTING
DIODE; OLED.—The 
terms ‘organic light-emitting diode’ and ‘OLED’ mean a 
thin-film light-emitting device that typically consists of a 
series of organic layers between 2 electrical contacts (elec-
trodes). 
‘‘(EE) COLORED INCANDESCENT LAMP.—The term ‘col-
ored incandescent lamp’ means an incandescent lamp des-
ignated and marketed as a colored lamp that has—
H. R. 6—86 
‘‘(i) a color rendering index of less than 50, as 
determined according to the test method given in C.I.E. 
publication 13.3–1995; or 
‘‘(ii) a correlated color temperature of less than 
2,500K, or greater than 4,600K, where correlated 
temperature is computed according to the Journal of 
Optical Society of America, Vol. 58, pages 1528–1595 
(1986).’’. 
(2) COVERAGE.—Section 322(a)(14) of the Energy Policy 
and Conservation Act (42 U.S.C. 6292(a)(14)) is amended by 
inserting ‘‘, general service incandescent lamps,’’ after ‘‘fluores-
cent lamps’’. 
(3) ENERGY CONSERVATION STANDARDS.—Section 325 of the 
Energy Policy and Conservation Act (42 U.S.C. 6295) is 
amended— 
(A) in subsection (i)— 
(i) in the section heading, by inserting ‘‘, GENERAL 
SERVICE INCANDESCENT LAMPS, INTERMEDIATE BASE 
INCANDESCENT LAMPS, CANDELABRA BASE INCANDES-
CENT LAMPS,’’ after ‘‘FLUORESCENT LAMPS’’; 
(ii) in paragraph (1)— 
(I) in subparagraph (A)— 
(aa) 
by 
inserting 
‘‘, 
general 
service 
incandescent 
lamps, 
intermediate 
base 
incandescent lamps, candelabra base incandes-
cent lamps,’’ after ‘‘fluorescent lamps’’; 
(bb) by inserting ‘‘, new maximum watt-
age,’’ after ‘‘lamp efficacy’’; and 
(cc) by inserting after the table entitled 
‘‘INCANDESCENT
REFLECTOR
LAMPS’’ the fol-
lowing: 
‘‘GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rate 
Wattage 
Minimum 
Rate Life-
time 
Effective 
Date 
1490–2600 
1,000 hrs 
1/1/2012 
1050–1489 
1,000 hrs 
1/1/2013 
750–1049 
1,000 hrs 
1/1/2014 
310–749 
1,000 hrs 
1/1/2014 
‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rate 
Wattage 
Minimum 
Rate Life-
time 
Effective 
Date 
1118–1950 
1,000 hrs 
1/1/2012
788–1117 
1,000 hrs 
1/1/2013
563–787 
1,000 hrs 
1/1/2014
232–562 
1,000 hrs 
1/1/2014’’; 
and 
(II) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) APPLICATION.—
H. R. 6—87 
‘‘(i) APPLICATION
CRITERIA.—This subparagraph 
applies to each lamp that— 
‘‘(I) is intended for a general service or general 
illumination application (whether incandescent or 
not); 
‘‘(II) has a medium screw base or any other 
screw base not defined in ANSI C81.61–2006; 
‘‘(III) is capable of being operated at a voltage 
at least partially within the range of 110 to 130 
volts; and 
‘‘(IV) is manufactured or imported after 
December 31, 2011. 
‘‘(ii) REQUIREMENT.—For purposes of this para-
graph, each lamp described in clause (i) shall have 
a color rendering index that is greater than or equal 
to— 
‘‘(I) 80 for nonmodified spectrum lamps; or 
‘‘(II) 75 for modified spectrum lamps. 
‘‘(C) CANDELABRA
INCANDESCENT
LAMPS
AND
INTER-
MEDIATE BASE INCANDESCENT LAMPS.— 
‘‘(i) CANDELABRA BASE INCANDESCENT LAMPS.—A 
candelabra base incandescent lamp shall not exceed 
60 rated watts. 
‘‘(ii) INTERMEDIATE BASE INCANDESCENT LAMPS.— 
An intermediate base incandescent lamp shall not 
exceed 40 rated watts. 
‘‘(D) EXEMPTIONS.— 
‘‘(i) PETITION.—Any person may petition the Sec-
retary for an exemption for a type of general service 
lamp from the requirements of this subsection. 
‘‘(ii) CRITERIA.—The Secretary may grant an 
exemption under clause (i) only to the extent that 
the Secretary finds, after a hearing and opportunity 
for public comment, that it is not technically feasible 
to serve a specialized lighting application (such as 
a military, medical, public safety, or certified historic 
lighting application) using a lamp that meets the 
requirements of this subsection. 
‘‘(iii) ADDITIONAL CRITERION.—To grant an exemp-
tion for a product under this subparagraph, the Sec-
retary shall include, as an additional criterion, that 
the exempted product is unlikely to be used in a gen-
eral service lighting application. 
‘‘(E) EXTENSION OF COVERAGE.— 
‘‘(i) PETITION.—Any person may petition the Sec-
retary to establish standards for lamp shapes or bases 
that are excluded from the definition of general service 
lamps. 
‘‘(ii) INCREASED SALES OF EXEMPTED LAMPS.—The 
petition shall include evidence that the availability 
or sales of exempted incandescent lamps have 
increased significantly since the date on which the 
standards on general service incandescent lamps were 
established. 
‘‘(iii) CRITERIA.—The Secretary shall grant a peti-
tion under clause (i) if the Secretary finds that—
H. R. 6—88 
‘‘(I) the petition presents evidence that dem-
onstrates that commercial availability or sales of 
exempted incandescent lamp types have increased 
significantly since the standards on general service 
lamps were established and likely are being widely 
used in general lighting applications; and 
‘‘(II) significant energy savings could be 
achieved by covering exempted products, as deter-
mined by the Secretary based on sales data pro-
vided to the Secretary from manufacturers and 
importers. 
‘‘(iv) NO PRESUMPTION.—The grant of a petition 
under this subparagraph shall create no presumption 
with respect to the determination of the Secretary with 
respect to any criteria under a rulemaking conducted 
under this section. 
‘‘(v) EXPEDITED
PROCEEDING.—If the Secretary 
grants a petition for a lamp shape or base under this 
subparagraph, the Secretary shall— 
‘‘(I) conduct a rulemaking to determine stand-
ards for the exempted lamp shape or base; and 
‘‘(II) complete the rulemaking not later than 
18 months after the date on which notice is pro-
vided granting the petition. 
‘‘(F) DEFINITION
OF
EFFECTIVE
DATE.—In this para-
graph, except as otherwise provided in a table contained 
in subparagraph (A), the term ‘effective date’ means the 
last day of the month specified in the table that follows 
October 24, 1992.’’; 
(iii) in paragraph (5), in the first sentence, by 
striking ‘‘and general service incandescent lamps’’; 
(iv) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively; and 
(v) by inserting after paragraph (5) the following: 
‘‘(6) STANDARDS FOR GENERAL SERVICE LAMPS.— 
‘‘(A) RULEMAKING BEFORE JANUARY 1, 2014.— 
‘‘(i) IN GENERAL.—Not later than January 1, 2014, 
the Secretary shall initiate a rulemaking procedure 
to determine whether— 
‘‘(I) standards in effect for general service 
lamps should be amended to establish more strin-
gent standards than the standards specified in 
paragraph (1)(A); and 
‘‘(II) the exemptions for certain incandescent 
lamps should be maintained or discontinued based, 
in part, on exempted lamp sales collected by the 
Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking— 
‘‘(I) shall not be limited to incandescent lamp 
technologies; and 
‘‘(II) shall include consideration of a minimum 
standard of 45 lumens per watt for general service 
lamps. 
‘‘(iii) AMENDED STANDARDS.—If the Secretary deter-
mines that the standards in effect for general service 
incandescent lamps should be amended, the Secretary 
shall publish a final rule not later than January 1,
H. R. 6—89 
2017, with an effective date that is not earlier than 
3 years after the date on which the final rule is pub-
lished. 
‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 
shall consider phased-in effective dates under this 
subparagraph after considering— 
‘‘(I) the impact of any amendment on manufac-
turers, retiring and repurposing existing equip-
ment, stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work with retailers 
and lighting designers to revise sales and mar-
keting strategies. 
‘‘(v) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete a rulemaking in accordance with 
clauses (i) through (iv) or if the final rule does not 
produce savings that are greater than or equal to the 
savings from a minimum efficacy standard of 45 
lumens per watt, effective beginning January 1, 2020, 
the Secretary shall prohibit the sale of any general 
service lamp that does not meet a minimum efficacy 
standard of 45 lumens per watt. 
‘‘(vi) STATE PREEMPTION.—Neither section 327(b) 
nor any other provision of law shall preclude California 
or Nevada from adopting, effective beginning on or 
after January 1, 2018— 
‘‘(I) a final rule adopted by the Secretary in 
accordance with clauses (i) through (iv); 
‘‘(II) if a final rule described in subclause (I) 
has not been adopted, the backstop requirement 
under clause (v); or 
‘‘(III) in the case of California, if a final rule 
described in subclause (I) has not been adopted, 
any California regulations relating to these covered 
products adopted pursuant to State statute in 
effect as of the date of enactment of the Energy 
Independence and Security Act of 2007. 
‘‘(B) RULEMAKING BEFORE JANUARY 1, 2020.— 
‘‘(i) IN GENERAL.—Not later than January 1, 2020, 
the Secretary shall initiate a rulemaking procedure 
to determine whether— 
‘‘(I) standards in effect for general service 
incandescent lamps should be amended to reflect 
lumen ranges with more stringent maximum watt-
age than the standards specified in paragraph 
(1)(A); and 
‘‘(II) the exemptions for certain incandescent 
lamps should be maintained or discontinued based, 
in part, on exempted lamp sales data collected 
by the Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking shall not be limited 
to incandescent lamp technologies. 
‘‘(iii) AMENDED STANDARDS.—If the Secretary deter-
mines that the standards in effect for general service 
incandescent lamps should be amended, the Secretary 
shall publish a final rule not later than January 1, 
2022, with an effective date that is not earlier than
H. R. 6—90 
3 years after the date on which the final rule is pub-
lished. 
‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 
shall consider phased-in effective dates under this 
subparagraph after considering— 
‘‘(I) the impact of any amendment on manufac-
turers, retiring and repurposing existing equip-
ment, stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work with retailers 
and lighting designers to revise sales and mar-
keting strategies.’’; and 
(B) in subsection (l), by adding at the end the following: 
‘‘(4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS.— 
‘‘(A) IN GENERAL.—The Secretary shall prescribe an 
energy efficiency standard for rough service lamps, vibra-
tion service lamps, 3-way incandescent lamps, 2,601–3,300 
lumen general service incandescent lamps, and shatter- 
resistant lamps only in accordance with this paragraph. 
‘‘(B) BENCHMARKS.—Not later than 1 year after the 
date of enactment of this paragraph, the Secretary, in 
consultation with the National Electrical Manufacturers 
Association, shall— 
‘‘(i) collect actual data for United States unit sales 
for each of calendar years 1990 through 2006 for each 
of the 5 types of lamps described in subparagraph 
(A) to determine the historical growth rate of the type 
of lamp; and 
‘‘(ii) construct a model for each type of lamp based 
on coincident economic indicators that closely match 
the historical annual growth rate of the type of lamp 
to provide a neutral comparison benchmark to model 
future unit sales after calendar year 2006. 
‘‘(C) ACTUAL SALES DATA.— 
‘‘(i) IN GENERAL.—Effective for each of calendar 
years 2010 through 2025, the Secretary, in consultation 
with the National Electrical Manufacturers Associa-
tion, shall— 
‘‘(I) collect actual United States unit sales data 
for each of 5 types of lamps described in subpara-
graph (A); and 
‘‘(II) not later than 90 days after the end of 
each calendar year, compare the lamp sales in 
that year with the sales predicted by the compari-
son benchmark for each of the 5 types of lamps 
described in subparagraph (A). 
‘‘(ii) CONTINUATION OF TRACKING.— 
‘‘(I) DETERMINATION.—Not later than January 
1, 2023, the Secretary shall determine if actual 
sales data should be tracked for the lamp types 
described in subparagraph (A) after calendar year 
2025. 
‘‘(II) CONTINUATION.—If the Secretary finds 
that the market share of a lamp type described 
in subparagraph (A) could significantly erode the
H. R. 6—91 
market share for general service lamps, the Sec-
retary shall continue to track the actual sales data 
for the lamp type. 
‘‘(D) ROUGH SERVICE LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for rough 
service lamps demonstrates actual unit sales of rough 
service lamps that achieve levels that are at least 
100 percent higher than modeled unit sales for that 
same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for rough service 
lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after 
the date of the issuance of the finding under clause 
(i)(I), the Secretary shall require rough service lamps 
to— 
‘‘(I) have a shatter-proof coating or equivalent 
technology that is compliant with NSF/ANSI 51 
and is designed to contain the glass if the glass 
envelope of the lamp is broken and to provide 
effective containment over the life of the lamp; 
‘‘(II) have a maximum 40-watt limitation; and 
‘‘(III) be sold at retail only in a package con-
taining 1 lamp. 
‘‘(E) VIBRATION SERVICE LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for vibration 
service lamps demonstrates actual unit sales of vibra-
tion service lamps that achieve levels that are at least 
100 percent higher than modeled unit sales for that 
same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for vibration service 
lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after 
the date of the issuance of the finding under clause 
(i)(I), the Secretary shall require vibration service 
lamps to— 
‘‘(I) have a maximum 40-watt limitation; and 
‘‘(II) be sold at retail only in a package con-
taining 1 lamp. 
‘‘(F) 3-WAY INCANDESCENT LAMPS.—
H. R. 6—92 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for 3-way 
incandescent lamps demonstrates actual unit sales of 
3-way incandescent lamps that achieve levels that are 
at least 100 percent higher than modeled unit sales 
for that same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for 3-way incandes-
cent lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after 
the date of issuance of the finding under clause (i)(I), 
the Secretary shall require that— 
‘‘(I) each filament in a 3-way incandescent 
lamp meet the new maximum wattage require-
ments for the respective lumen range established 
under subsection (i)(1)(A); and 
‘‘(II) 3-way lamps be sold at retail only in 
a package containing 1 lamp. 
‘‘(G) 2,601–3,300 LUMEN GENERAL SERVICE INCANDES-
CENT LAMPS.—Effective beginning with the first year that 
the reported annual sales rate demonstrates actual unit 
sales of 2,601–3,300 lumen general service incandescent 
lamps in the lumen range of 2,601 through 3,300 lumens 
(or, in the case of a modified spectrum, in the lumen 
range of 1,951 through 2,475 lumens) that achieve levels 
that are at least 100 percent higher than modeled unit 
sales for that same year, the Secretary shall impose— 
‘‘(i) a maximum 95-watt limitation on general 
service incandescent lamps in the lumen range of 2,601 
through 3,300 lumens; and 
‘‘(ii) a requirement that those lamps be sold at 
retail only in a package containing 1 lamp. 
‘‘(H) SHATTER-RESISTANT LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for shatter- 
resistant lamps demonstrates actual unit sales of 
shatter-resistant lamps that achieve levels that are 
at least 100 percent higher than modeled unit sales 
for that same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for shatter-resistant 
lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after
H. R. 6—93 
the date of issuance of the finding under clause (i)(I), 
the Secretary shall impose— 
‘‘(I) a maximum wattage limitation of 40 watts 
on shatter resistant lamps; and 
‘‘(II) a requirement that those lamps be sold 
at retail only in a package containing 1 lamp. 
‘‘(I) RULEMAKINGS BEFORE JANUARY 1, 2025.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), if the Secretary issues a final rule prior to January 
1, 2025, establishing an energy conservation standard 
for any of the 5 types of lamps for which data collection 
is required under any of subparagraphs (D) through 
(G), the requirement to collect and model data for 
that type of lamp shall terminate unless, as part of 
the rulemaking, the Secretary determines that contin-
ued tracking is necessary. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
imposes a backstop requirement as a result of a failure 
to complete an accelerated rulemaking in accordance 
with clause (i)(II) of any of subparagraphs (D) through 
(G), the requirement to collect and model data for 
the applicable type of lamp shall continue for an addi-
tional 2 years after the effective date of the backstop 
requirement.’’. 
(b) CONSUMER
EDUCATION
AND
LAMP
LABELING.—Section 
324(a)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C. 
6294(a)(2)(C)) is amended by adding at the end the following: 
‘‘(iii) RULEMAKING TO CONSIDER EFFECTIVENESS OF 
LAMP LABELING.— 
‘‘(I) IN GENERAL.—Not later than 1 year after 
the date of enactment of this clause, the Commis-
sion shall initiate a rulemaking to consider— 
‘‘(aa) the effectiveness of current lamp 
labeling for power levels or watts, light output 
or lumens, and lamp lifetime; and 
‘‘(bb) alternative labeling approaches that 
will help consumers to understand new high- 
efficiency lamp products and to base the pur-
chase decisions of the consumers on the most 
appropriate source that meets the require-
ments of the consumers for lighting level, light 
quality, lamp lifetime, and total lifecycle cost. 
‘‘(II) COMPLETION.—The Commission shall— 
‘‘(aa) complete the rulemaking not later 
than the date that is 30 months after the 
date of enactment of this clause; and 
‘‘(bb) consider reopening the rulemaking 
not later than 180 days before the effective 
dates of the standards for general service 
incandescent lamps established under section 
325(i)(1)(A), if the Commission determines 
that further labeling changes are needed to 
help 
consumers 
understand 
lamp 
alter-
natives.’’. 
(c) MARKET ASSESSMENTS
AND CONSUMER AWARENESS PRO-
GRAM.—
H. R. 6—94 
(1) IN GENERAL.—In cooperation with the Administrator 
of the Environmental Protection Agency, the Secretary of Com-
merce, the Federal Trade Commission, lighting and retail 
industry associations, energy efficiency organizations, and any 
other entities that the Secretary of Energy determines to be 
appropriate, the Secretary of Energy shall— 
(A) conduct an annual assessment of the market for 
general service lamps and compact fluorescent lamps— 
(i) to identify trends in the market shares of lamp 
types, efficiencies, and light output levels purchased 
by residential and nonresidential consumers; and 
(ii) to better understand the degree to which con-
sumer decisionmaking is based on lamp power levels 
or watts, light output or lumens, lamp lifetime, and 
other factors, including information required on labels 
mandated by the Federal Trade Commission; 
(B) provide the results of the market assessment to 
the Federal Trade Commission for consideration in the 
rulemaking described in section 324(a)(2)(C)(iii) of the 
Energy 
Policy 
and 
Conservation 
Act 
(42 
U.S.C. 
6294(a)(2)(C)(iii)); and 
(C) in cooperation with industry trade associations, 
lighting industry members, utilities, and other interested 
parties, carry out a proactive national program of consumer 
awareness, information, and education that broadly uses 
the media and other effective communication techniques 
over an extended period of time to help consumers under-
stand the lamp labels and make energy-efficient lighting 
choices that meet the needs of consumers. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $10,000,000 
for each of fiscal years 2009 through 2012. 
(d) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION 
STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR 
A PRODUCT.—Section 327(b)(1) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6297(b)(1)) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(2) by inserting ‘‘or’’ after the semicolon at the end; and 
(3) by adding at the end the following: 
‘‘(B) in the case of any portion of any regulation that 
establishes requirements for general service incandescent 
lamps, intermediate base incandescent lamps, or candelabra 
base lamps, was enacted or adopted by the State of California 
or Nevada before December 4, 2007, except that— 
‘‘(i) the regulation adopted by the California Energy 
Commission with an effective date of January 1, 2008, 
shall only be effective until the effective date of the Federal 
standard for the applicable lamp category under subpara-
graphs (A), (B), and (C) of section 325(i)(1); 
‘‘(ii) the States of California and Nevada may, at any 
time, modify or adopt a State standard for general service 
lamps to conform with Federal standards with effective 
dates no earlier than 12 months prior to the Federal effec-
tive dates prescribed under subparagraphs (A), (B), and 
(C) of section 325(i)(1), at which time any prior regulations 
adopted by the State of California or Nevada shall no 
longer be effective; and
H. R. 6—95 
‘‘(iii) all other States may, at any time, modify or 
adopt a State standard for general service lamps to conform 
with Federal standards and effective dates.’’. 
(e) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6302(a)) is amended— 
(1) in paragraph (4), by striking ‘‘or’’ at the end; 
(2) in paragraph (5), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(6) for any manufacturer, distributor, retailer, or private 
labeler to distribute in commerce an adapter that— 
‘‘(A) is designed to allow an incandescent lamp that 
does not have a medium screw base to be installed into 
a fixture or lampholder with a medium screw base socket; 
and 
‘‘(B) is capable of being operated at a voltage range 
at least partially within 110 and 130 volts.’’. 
(f) ENFORCEMENT.—Section 334 of the Energy Policy and Con-
servation Act (42 U.S.C. 6304) is amended by inserting after the 
second sentence the following: ‘‘Any such action to restrain any 
person from distributing in commerce a general service incandescent 
lamp that does not comply with the applicable standard established 
under section 325(i) or an adapter prohibited under section 332(a)(6) 
may also be brought by the attorney general of a State in the 
name of the State.’’. 
(g) RESEARCH AND DEVELOPMENT PROGRAM.— 
(1) IN GENERAL.—The Secretary may carry out a lighting 
technology research and development program— 
(A) to support the research, development, demonstra-
tion, and commercial application of lamps and related tech-
nologies sold, offered for sale, or otherwise made available 
in the United States; and 
(B) to assist manufacturers of general service lamps 
in the manufacturing of general service lamps that, at 
a minimum, achieve the wattage requirements imposed 
as a result of the amendments made by subsection (a). 
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection $10,000,000 
for each of fiscal years 2008 through 2013. 
(3) TERMINATION OF AUTHORITY.—The program under this 
subsection shall terminate on September 30, 2015. 
(h) REPORTS TO CONGRESS.— 
(1) REPORT ON MERCURY USE AND RELEASE.—Not later than 
1 year after the date of enactment of this Act, the Secretary, 
in cooperation with the Administrator of the Environmental 
Protection Agency, shall submit to Congress a report describing 
recommendations relating to the means by which the Federal 
Government may reduce or prevent the release of mercury 
during the manufacture, transportation, storage, or disposal 
of light bulbs. 
(2) REPORT ON RULEMAKING SCHEDULE.—Beginning on July 
1, 2013, and semiannually through July 1, 2016, the Secretary 
shall 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 report on— 
(A) whether the Secretary will meet the deadlines for 
the rulemakings required under this section;
H. R. 6—96 
(B) a description of any impediments to meeting the 
deadlines; and 
(C) a specific plan to remedy any failures, including 
recommendations for additional legislation or resources. 
(3) NATIONAL ACADEMY REVIEW.— 
(A) IN GENERAL.—Not later than December 31, 2009, 
the Secretary shall enter into an arrangement with the 
National Academy of Sciences to provide a report by 
December 31, 2013, and an updated report by July 31, 
2015. The report should include— 
(i) the status of advanced solid state lighting 
research, development, demonstration and commer-
cialization; 
(ii) the impact on the types of lighting available 
to consumers of an energy conservation standard 
requiring a minimum of 45 lumens per watt for general 
service lighting effective in 2020; and 
(iii) the time frame for the commercialization of 
lighting that could replace current incandescent and 
halogen incandescent lamp technology and any other 
new technologies developed to meet the minimum 
standards required under subsection (a)(3) of this sec-
tion. 
(B) REPORTS.—The reports shall be transmitted to the 
Committee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate. 
SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy and Con-
servation Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D)) 
is amended— 
(1) in paragraph (30)(C)(ii)— 
(A) in the matter preceding subclause (I)— 
(i) by striking ‘‘or similar bulb shapes (excluding 
ER or BR)’’ and inserting ‘‘ER, BR, BPAR, or similar 
bulb shapes’’; and 
(ii) by striking ‘‘2.75’’ and inserting ‘‘2.25’’; and 
(B) by striking ‘‘is either—’’ and all that follows through 
subclause (II) and inserting ‘‘has a rated wattage that 
is 40 watts or higher’’; and 
(2) by adding at the end the following: 
‘‘(54) BPAR INCANDESCENT
REFLECTOR
LAMP.—The term 
‘BPAR incandescent reflector lamp’ means a reflector lamp 
as shown in figure C78.21–278 on page 32 of ANSI C78.21– 
2003. 
‘‘(55) BR INCANDESCENT
REFLECTOR
LAMP; BR30; BR40.— 
‘‘(A) BR INCANDESCENT REFLECTOR LAMP.—The term 
‘BR incandescent reflector lamp’ means a reflector lamp 
that has— 
‘‘(i) a bulged section below the major diameter 
of the bulb and above the approximate baseline of 
the bulb, as shown in figure 1 (RB) on page 7 of 
ANSI C79.1–1994, incorporated by reference in section 
430.22 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this paragraph); 
and
H. R. 6—97 
‘‘(ii) a finished size and shape shown in ANSI 
C78.21–1989, 
including 
the 
referenced 
reflective 
characteristics in part 7 of ANSI C78.21–1989, incor-
porated by reference in section 430.22 of title 10, Code 
of Federal Regulations (as in effect on the date of 
enactment of this paragraph). 
‘‘(B) BR30.—The term ‘BR30’ means a BR incandescent 
reflector lamp with a diameter of 30/8ths of an inch. 
‘‘(C) BR40.—The term ‘BR40’ means a BR incandescent 
reflector lamp with a diameter of 40/8ths of an inch. 
‘‘(56) ER INCANDESCENT
REFLECTOR
LAMP; ER30; ER40.— 
‘‘(A) ER INCANDESCENT REFLECTOR LAMP.—The term 
‘ER incandescent reflector lamp’ means a reflector lamp 
that has— 
‘‘(i) an elliptical section below the major diameter 
of the bulb and above the approximate baseline of 
the bulb, as shown in figure 1 (RE) on page 7 of 
ANSI C79.1–1994, incorporated by reference in section 
430.22 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this paragraph); 
and 
‘‘(ii) a finished size and shape shown in ANSI 
C78.21–1989, incorporated by reference in section 
430.22 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this paragraph). 
‘‘(B) ER30.—The term ‘ER30’ means an ER incandes-
cent reflector lamp with a diameter of 30/8ths of an inch. 
‘‘(C) ER40.—The term ‘ER40’ means an ER incandes-
cent reflector lamp with a diameter of 40/8ths of an inch. 
‘‘(57) R20 INCANDESCENT REFLECTOR LAMP.—The term ‘R20 
incandescent reflector lamp’ means a reflector lamp that has 
a face diameter of approximately 2.5 inches, as shown in figure 
1(R) on page 7 of ANSI C79.1–1994.’’. 
(b) STANDARDS FOR FLUORESCENT LAMPS AND INCANDESCENT 
REFLECTOR LAMPS.—Section 325(i) of the Energy Policy and Con-
servation Act (42 U.S.C. 6995(i)) is amended by striking paragraph 
(1) and inserting the following: 
‘‘(1) STANDARDS.— 
‘‘(A) DEFINITION
OF
EFFECTIVE
DATE.—In this para-
graph (other than subparagraph (D)), the term ‘effective 
date’ means, with respect to each type of lamp specified 
in a table contained in subparagraph (B), the last day 
of the period of months corresponding to that type of lamp 
(as specified in the table) that follows October 24, 1992. 
‘‘(B) MINIMUM STANDARDS.—Each of the following gen-
eral service fluorescent lamps and incandescent reflector 
lamps manufactured after the effective date specified in 
the tables contained in this paragraph shall meet or exceed 
the following lamp efficacy and CRI standards: 
‘‘FLUORESCENT LAMPS 
Lamp Type 
Nominal 
Lamp 
Wattage 
Minimum 
CRI 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
4-foot medium bi-pin ....
>35 W 
75.0 
≤35 W 
75.0
H. R. 6—98 
‘‘FLUORESCENT LAMPS—Continued 
Lamp Type 
Nominal 
Lamp 
Wattage 
Minimum 
CRI 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
2-foot U-shaped .............
>35 W 
68.0 
≤35 W 
64.0 
8-foot slimline ...............
65 W 
80.0 
≤65 W 
80.0 
8-foot high output .........
>100 W 
80.0 
≤100 W 
80.0 
‘‘INCANDESCENT REFLECTOR LAMPS 
Nominal Lamp Wattage 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
40–50 .......................................................................
10.5 
51–66 .......................................................................
11.0 
67–85 .......................................................................
12.5 
86–115 .....................................................................
14.0 
116–155 .....................................................................
14.5 
156–205 .....................................................................
15.0 
‘‘(C) EXEMPTIONS.—The standards specified in subpara-
graph (B) shall not apply to the following types of incandes-
cent reflector lamps: 
‘‘(i) Lamps rated at 50 watts or less that are ER30, 
BR30, BR40, or ER40 lamps. 
‘‘(ii) Lamps rated at 65 watts that are BR30, BR40, 
or ER40 lamps. 
‘‘(iii) R20 incandescent reflector lamps rated 45 
watts or less. 
‘‘(D) EFFECTIVE DATES.— 
‘‘(i) ER, BR, AND BPAR LAMPS.—The standards speci-
fied in subparagraph (B) shall apply with respect to 
ER incandescent reflector lamps, BR incandescent 
reflector lamps, BPAR incandescent reflector lamps, 
and similar bulb shapes on and after January 1, 2008. 
‘‘(ii) 
LAMPS
BETWEEN
2.25–2.75
INCHES
IN 
DIAMETER.—The standards specified in subparagraph 
(B) shall apply with respect to incandescent reflector 
lamps with a diameter of more than 2.25 inches, but 
not more than 2.75 inches, on and after the later 
of January 1, 2008, or the date that is 180 days after 
the date of enactment of the Energy Independence 
and Security Act of 2007.’’. 
SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE 
ENERGY SYSTEMS. 
(a) ESTIMATE OF ENERGY PERFORMANCE IN PROSPECTUS.—Sec-
tion 3307(b) of title 40, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (5); 
(2) by striking the period at the end of paragraph (6) 
and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (6) the following:
H. R. 6—99 
‘‘(7) with respect to any prospectus for the construction, 
alteration, or acquisition of any building or space to be leased, 
an estimate of the future energy performance of the building 
or space and a specific description of the use of energy efficient 
and renewable energy systems, including photovoltaic systems, 
in carrying out the project.’’. 
(b) MINIMUM
PERFORMANCE
REQUIREMENTS
FOR
LEASED 
SPACE.—Section 3307 of such title is amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f) MINIMUM
PERFORMANCE
REQUIREMENTS
FOR
LEASED 
SPACE.—With respect to space to be leased, the Administrator shall 
include, to the maximum extent practicable, minimum performance 
requirements requiring energy efficiency and the use of renewable 
energy.’’. 
(c) USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS.— 
(1) IN GENERAL.—Chapter 33 of such title is amended— 
(A) by redesignating sections 3313, 3314, and 3315 
as sections 3314, 3315, and 3316, respectively; and 
(B) by inserting after section 3312 the following: 
‘‘§ 3313. Use of energy efficient lighting fixtures and bulbs 
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC 
BUILDINGS.—Each public building constructed, altered, or acquired 
by the Administrator of General Services shall be equipped, to 
the maximum extent feasible as determined by the Administrator, 
with lighting fixtures and bulbs that are energy efficient. 
‘‘(b) MAINTENANCE OF PUBLIC BUILDINGS.—Each lighting fixture 
or bulb that is replaced by the Administrator in the normal course 
of maintenance of public buildings shall be replaced, to the max-
imum extent feasible, with a lighting fixture or bulb that is energy 
efficient. 
‘‘(c) CONSIDERATIONS.—In making a determination under this 
section concerning the feasibility of installing a lighting fixture 
or bulb that is energy efficient, the Administrator shall consider— 
‘‘(1) the life-cycle cost effectiveness of the fixture or bulb; 
‘‘(2) the compatibility of the fixture or bulb with existing 
equipment; 
‘‘(3) whether use of the fixture or bulb could result in 
interference with productivity; 
‘‘(4) the aesthetics relating to use of the fixture or bulb; 
and 
‘‘(5) such other factors as the Administrator determines 
appropriate. 
‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall be treated 
as being energy efficient for purposes of this section if— 
‘‘(1) the fixture or bulb is certified under the Energy Star 
program established by section 324A of the Energy Policy and 
Conservation Act (42 U.S.C. 6294a); 
‘‘(2) in the case of all light-emitting diode (LED) luminaires, 
lamps, and systems whose efficacy (lumens per watt) and Color 
Rendering Index (CRI) meet the Department of Energy require-
ments for minimum luminaire efficacy and CRI for the Energy 
Star certification, as verified by an independent third-party 
testing laboratory that the Administrator and the Secretary
H. R. 6—100 
of Energy determine conducts its tests according to the proce-
dures and recommendations of the Illuminating Engineering 
Society of North America, even if the luminaires, lamps, and 
systems have not received such certification; or 
‘‘(3) the Administrator and the Secretary of Energy have 
otherwise determined that the fixture or bulb is energy efficient. 
‘‘(e) ADDITIONAL ENERGY EFFICIENT LIGHTING DESIGNATIONS.— 
The Administrator of the Environmental Protection Agency and 
the Secretary of Energy shall give priority to establishing Energy 
Star performance criteria or Federal Energy Management Program 
designations for additional lighting product categories that are 
appropriate for use in public buildings. 
‘‘(f) GUIDELINES.—The Administrator shall develop guidelines 
for the use of energy efficient lighting technologies that contain 
mercury in child care centers in public buildings. 
‘‘(g) APPLICABILITY OF BUY AMERICAN ACT.—Acquisitions car-
ried out pursuant to this section shall be subject to the requirements 
of the Buy American Act (41 U.S.C. 10c et seq.). 
‘‘(h) EFFECTIVE DATE.—The requirements of subsections (a) and 
(b) shall take effect 1 year after the date of enactment of this 
subsection.’’. 
(2) CLERICAL AMENDMENT.—The analysis for such chapter 
is amended by striking the items relating to sections 3313, 
3314, and 3315 and inserting the following: 
‘‘3313. Use of energy efficient lighting fixtures and bulbs. 
‘‘3314. Delegation. 
‘‘3315. Report to Congress. 
‘‘3316. Certain authority not affected.’’. 
(d) EVALUATION
FACTOR.—Section 3310 of such title is 
amended— 
(1) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (5), and (6), respectively; and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) shall include in the solicitation for any lease requiring 
a prospectus under section 3307 an evaluation factor consid-
ering the extent to which the offeror will promote energy effi-
ciency and the use of renewable energy;’’. 
SEC. 324. METAL HALIDE LAMP FIXTURES. 
(a) DEFINITIONS.—Section 321 of the Energy Policy and Con-
servation Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) 
is amended by adding at the end the following: 
‘‘(58) BALLAST.—The term ‘ballast’ means a device used 
with an electric discharge lamp to obtain necessary circuit 
conditions (voltage, current, and waveform) for starting and 
operating. 
‘‘(59) BALLAST EFFICIENCY.— 
‘‘(A) IN GENERAL.—The term ‘ballast efficiency’ means, 
in the case of a high intensity discharge fixture, the effi-
ciency of a lamp and ballast combination, expressed as 
a percentage, and calculated in accordance with the fol-
lowing formula: Efficiency = Pout/Pin. 
‘‘(B) 
EFFICIENCY
FORMULA.—For 
the 
purpose 
of 
subparagraph (A)— 
‘‘(i) Pout shall equal the measured operating lamp 
wattage;
H. R. 6—101 
‘‘(ii) Pin shall equal the measured operating input 
wattage; 
‘‘(iii) the lamp, and the capacitor when the capac-
itor is provided, shall constitute a nominal system 
in accordance with the ANSI Standard C78.43–2004; 
‘‘(iv) for ballasts with a frequency of 60 Hz, Pin 
and Pout shall be measured after lamps have been 
stabilized according to section 4.4 of ANSI Standard 
C82.6–2005 using a wattmeter with accuracy specified 
in section 4.5 of ANSI Standard C82.6–2005; and 
‘‘(v) for ballasts with a frequency greater than 
60 Hz, Pin and Pout shall have a basic accuracy of 
± 0.5 percent at the higher of— 
‘‘(I) 3 times the output operating frequency 
of the ballast; or 
‘‘(II) 2 kHz for ballast with a frequency greater 
than 60 Hz. 
‘‘(C) MODIFICATION.—The Secretary may, by rule, 
modify the definition of ‘ballast efficiency’ if the Secretary 
determines that the modification is necessary or appro-
priate to carry out the purposes of this Act. 
‘‘(60) ELECTRONIC BALLAST.—The term ‘electronic ballast’ 
means a device that uses semiconductors as the primary means 
to control lamp starting and operation. 
‘‘(61) GENERAL LIGHTING APPLICATION.—The term ‘general 
lighting application’ means lighting that provides an interior 
or exterior area with overall illumination. 
‘‘(62) METAL HALIDE BALLAST.—The term ‘metal halide bal-
last’ means a ballast used to start and operate metal halide 
lamps. 
‘‘(63) METAL HALIDE LAMP.—The term ‘metal halide lamp’ 
means a high intensity discharge lamp in which the major 
portion of the light is produced by radiation of metal halides 
and their products of dissociation, possibly in combination with 
metallic vapors. 
‘‘(64) METAL HALIDE LAMP FIXTURE.—The term ‘metal halide 
lamp fixture’ means a light fixture for general lighting applica-
tion designed to be operated with a metal halide lamp and 
a ballast for a metal halide lamp. 
‘‘(65) PROBE-START
METAL
HALIDE
BALLAST.—The term 
‘probe-start metal halide ballast’ means a ballast that— 
‘‘(A) starts a probe-start metal halide lamp that con-
tains a third starting electrode (probe) in the arc tube; 
and 
‘‘(B) does not generally contain an igniter but instead 
starts lamps with high ballast open circuit voltage. 
‘‘(66) PULSE-START METAL HALIDE BALLAST.— 
‘‘(A) IN GENERAL.—The term ‘pulse-start metal halide 
ballast’ means an electronic or electromagnetic ballast that 
starts a pulse-start metal halide lamp with high voltage 
pulses. 
‘‘(B) STARTING PROCESS.—For the purpose of subpara-
graph (A)— 
‘‘(i) lamps shall be started by first providing a 
high voltage pulse for ionization of the gas to produce 
a glow discharge; and
H. R. 6—102 
‘‘(ii) to complete the starting process, power shall 
be provided by the ballast to sustain the discharge 
through the glow-to-arc transition.’’. 
(b) COVERAGE.—Section 322(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6292(a)) is amended— 
(1) by redesignating paragraph (19) as paragraph (20); 
and 
(2) by inserting after paragraph (18) the following: 
‘‘(19) Metal halide lamp fixtures.’’. 
(c) TEST PROCEDURES.—Section 323(b) of the Energy Policy 
and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 
301(b)) is amended by adding at the end the following: 
‘‘(18) METAL HALIDE LAMP BALLASTS.—Test procedures for 
metal halide lamp ballasts shall be based on ANSI Standard 
C82.6–2005, entitled ‘Ballasts for High Intensity Discharge 
Lamps—Method of Measurement’.’’. 
(d) LABELING.—Section 324(a)(2) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)(2)) is amended— 
(1) by redesignating subparagraphs (C) through (G) as sub-
paragraphs (D) through (H), respectively; and 
(2) by inserting after subparagraph (B) the following: 
‘‘(C) METAL HALIDE LAMP FIXTURES.— 
‘‘(i) IN
GENERAL.—The Commission shall issue 
labeling rules under this section applicable to the cov-
ered product specified in section 322(a)(19) and to 
which standards are applicable under section 325. 
‘‘(ii) LABELING.—The rules shall provide that the 
labeling of any metal halide lamp fixture manufactured 
on or after the later of January 1, 2009, or the date 
that is 270 days after the date of enactment of this 
subparagraph, shall indicate conspicuously, in a 
manner prescribed by the Commission under sub-
section (b) by July 1, 2008, a capital letter ‘E’ printed 
within a circle on the packaging of the fixture, and 
on the ballast contained in the fixture.’’. 
(e) STANDARDS.—Section 325 of the Energy Policy and Con-
servation Act (42 U.S.C. 6295) (as amended by section 310) is 
amended— 
(1) by redesignating subsection (hh) as subsection (ii); 
(2) by inserting after subsection (gg) the following: 
‘‘(hh) METAL HALIDE LAMP FIXTURES.— 
‘‘(1) STANDARDS.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), metal halide lamp fixtures designed to be operated 
with lamps rated greater than or equal to 150 watts but 
less than or equal to 500 watts shall contain— 
‘‘(i) a pulse-start metal halide ballast with a min-
imum ballast efficiency of 88 percent; 
‘‘(ii) a magnetic probe-start ballast with a min-
imum ballast efficiency of 94 percent; or 
‘‘(iii) a nonpulse-start electronic ballast with— 
‘‘(I) a minimum ballast efficiency of 92 percent 
for wattages greater than 250 watts; and 
‘‘(II) a minimum ballast efficiency of 90 percent 
for wattages less than or equal to 250 watts. 
‘‘(B) EXCLUSIONS.—The standards established under 
subparagraph (A) shall not apply to—
H. R. 6—103 
‘‘(i) fixtures with regulated lag ballasts; 
‘‘(ii) fixtures that use electronic ballasts that 
operate at 480 volts; or 
‘‘(iii) fixtures that— 
‘‘(I) are rated only for 150 watt lamps; 
‘‘(II) are rated for use in wet locations, as 
specified by the National Electrical Code 2002, 
section 410.4(A); and 
‘‘(III) contain a ballast that is rated to operate 
at ambient air temperatures above 50°C, as speci-
fied by UL 1029–2001. 
‘‘(C) APPLICATION.—The standards established under 
subparagraph (A) shall apply to metal halide lamp fixtures 
manufactured on or after the later of— 
‘‘(i) January 1, 2009; or 
‘‘(ii) the date that is 270 days after the date of 
enactment of this subsection. 
‘‘(2) FINAL RULE BY JANUARY 1, 2012.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2012, 
the Secretary shall publish a final rule to determine 
whether the standards established under paragraph (1) 
should be amended. 
‘‘(B) ADMINISTRATION.—The final rule shall— 
‘‘(i) contain any amended standard; and 
‘‘(ii) apply to products manufactured on or after 
January 1, 2015. 
‘‘(3) FINAL RULE BY JANUARY 1, 2019.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2019, 
the Secretary shall publish a final rule to determine 
whether the standards then in effect should be amended. 
‘‘(B) ADMINISTRATION.—The final rule shall— 
‘‘(i) contain any amended standards; and 
‘‘(ii) apply to products manufactured after January 
1, 2022. 
‘‘(4) DESIGN AND PERFORMANCE REQUIREMENTS.—Notwith-
standing any other provision of law, any standard established 
pursuant to this subsection may contain both design and 
performance requirements.’’; and 
(3) in paragraph (2) of subsection (ii) (as redesignated by 
paragraph (2)), by striking ‘‘(gg)’’ each place it appears and 
inserting ‘‘(hh)’’. 
(f) EFFECT ON OTHER LAW.—Section 327(c) of the Energy Policy 
and Conservation Act (42 U.S.C. 6297(c)) is amended— 
(1) in paragraph (8)(B), by striking the period at the end 
and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(9) is a regulation concerning metal halide lamp fixtures 
adopted by the California Energy Commission on or before 
January 1, 2011, except that— 
‘‘(A) if the Secretary fails to issue a final rule within 
180 days after the deadlines for rulemakings in section 
325(hh), notwithstanding any other provision of this sec-
tion, preemption shall not apply to a regulation concerning 
metal halide lamp fixtures adopted by the California 
Energy Commission—
H. R. 6—104 
‘‘(i) on or before July 1, 2015, if the Secretary 
fails to meet the deadline specified in section 
325(hh)(2); or 
‘‘(ii) on or before July 1, 2022, if the Secretary 
fails to meet the deadline specified in section 
325(hh)(3).’’. 
SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELEC-
TRONIC PRODUCTS. 
(a) IN GENERAL.—Section 324(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)) (as amended by section 324(d)) 
is amended— 
(1) in paragraph (2), by adding at the end the following: 
‘‘(I) LABELING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—Subject to clauses (ii) through 
(iv), not later than 18 months after the date of issuance 
of applicable Department of Energy testing procedures, 
the Commission, in consultation with the Secretary 
and the Administrator of the Environmental Protection 
Agency (acting through the Energy Star program), 
shall, by regulation, prescribe labeling or other disclo-
sure requirements for the energy use of— 
‘‘(I) televisions; 
‘‘(II) personal computers; 
‘‘(III) cable or satellite set-top boxes; 
‘‘(IV) stand-alone digital video recorder boxes; 
and 
‘‘(V) personal computer monitors. 
‘‘(ii) ALTERNATE
TESTING
PROCEDURES.—In the 
absence of applicable testing procedures described in 
clause (i) for products described in subclauses (I) 
through (V) of that clause, the Commission may, by 
regulation, prescribe labeling or other disclosure 
requirements 
for 
a 
consumer 
product 
category 
described in clause (i) if the Commission— 
‘‘(I) identifies adequate non-Department of 
Energy testing procedures for those products; and 
‘‘(II) determines that labeling of, or other 
disclosures relating to, those products is likely to 
assist consumers in making purchasing decisions. 
‘‘(iii) 
DEADLINE
AND
REQUIREMENTS
FOR 
LABELING.— 
‘‘(I) DEADLINE.—Not later than 18 months 
after the date of promulgation of any requirements 
under clause (i) or (ii), the Commission shall 
require labeling of, or other disclosure require-
ments for, electronic products described in clause 
(i). 
‘‘(II) REQUIREMENTS.—The requirements pre-
scribed under clause (i) or (ii) may include specific 
requirements for each electronic product to be 
labeled with respect to the placement, size, and 
content of Energy Guide labels. 
‘‘(iv) DETERMINATION OF FEASIBILITY.—Clause (i) 
or (ii) shall not apply in any case in which the Commis-
sion determines that labeling in accordance with this 
subsection—
H. R. 6—105 
‘‘(I) is not technologically or economically fea-
sible; or 
‘‘(II) is not likely to assist consumers in 
making purchasing decisions.’’; and 
(2) by adding at the end the following: 
‘‘(6) AUTHORITY
TO
INCLUDE
ADDITIONAL
PRODUCT
CAT-
EGORIES.—The Commission may, by regulation, require labeling 
or other disclosures in accordance with this subsection for any 
consumer product not specified in this subsection or section 
322 if the Commission determines that labeling for the product 
is likely to assist consumers in making purchasing decisions.’’. 
(b) CONTENT OF LABEL.—Section 324(c) of the Energy Policy 
and Conservation Act (42 U.S.C. 6924(c)) is amended by adding 
at the end the following: 
‘‘(9) DISCRETIONARY APPLICATION.—The Commission may 
apply paragraphs (1), (2), (3), (5), and (6) of this subsection 
to the labeling of any product covered by paragraph (2)(I) 
or (6) of subsection (a).’’. 
TITLE IV—ENERGY SAVINGS IN 
BUILDINGS AND INDUSTRY 
SEC. 401. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of General Services. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the Green Building Advisory Committee established 
under section 484. 
(3) 
COMMERCIAL
DIRECTOR.—The 
term 
‘‘Commercial 
Director’’ means the individual appointed to the position estab-
lished under section 421. 
(4) CONSORTIUM.—The term ‘‘Consortium’’ means the High- 
Performance Green Building Partnership Consortium created 
in response to section 436(c)(1) to represent the private sector 
in a public-private partnership to promote high-performance 
green buildings and zero-net-energy commercial buildings. 
(5) COST-EFFECTIVE LIGHTING TECHNOLOGY.— 
(A) IN GENERAL.—The term ‘‘cost-effective lighting tech-
nology’’ means a lighting technology that— 
(i) will result in substantial operational cost 
savings by ensuring an installed consumption of not 
more than 1 watt per square foot; or 
(ii) is contained in a list under— 
(I) section 553 of Public Law 95–619 (42 U.S.C. 
8259b); 
(II) Federal acquisition regulation 23–203; and 
(III) is at least as energy-conserving as 
required by other provisions of this Act, including 
the requirements of this title and title III which 
shall be applicable to the extent that they would 
achieve greater energy savings than provided 
under clause (i) or this clause. 
(B) INCLUSIONS.—The term ‘‘cost-effective lighting tech-
nology’’ includes— 
(i) lamps;
H. R. 6—106 
(ii) ballasts; 
(iii) luminaires; 
(iv) lighting controls; 
(v) daylighting; and 
(vi) early use of other highly cost-effective lighting 
technologies. 
(6) COST-EFFECTIVE
TECHNOLOGIES
AND
PRACTICES.—The 
term ‘‘cost-effective technologies and practices’’ means a tech-
nology or practice that— 
(A) will result in substantial operational cost savings 
by reducing electricity or fossil fuel consumption, water, 
or other utility costs, including use of geothermal heat 
pumps; 
(B) complies with the provisions of section 553 of Public 
Law 95–619 (42 U.S.C. 8259b) and Federal acquisition 
regulation 23–203; and 
(C) is at least as energy and water conserving as 
required under this title, including sections 431 through 
435, and title V, including sections 511 through 525, which 
shall be applicable to the extent that they are more strin-
gent or require greater energy or water savings than 
required by this section. 
(7) FEDERAL
DIRECTOR.—The term ‘‘Federal Director’’ 
means the individual appointed to the position established 
under section 436(a). 
(8) FEDERAL FACILITY.—The term ‘‘Federal facility’’ means 
any building that is constructed, renovated, leased, or pur-
chased in part or in whole for use by the Federal Government. 
(9) OPERATIONAL COST SAVINGS.— 
(A) IN GENERAL.—The term ‘‘operational cost savings’’ 
means a reduction in end-use operational costs through 
the application of cost-effective technologies and practices 
or geothermal heat pumps, including a reduction in elec-
tricity consumption relative to consumption by the same 
customer or at the same facility in a given year, as defined 
in guidelines promulgated by the Administrator pursuant 
to section 329(b) of the Clean Air Act, that achieves cost 
savings sufficient to pay the incremental additional costs 
of using cost-effective technologies and practices including 
geothermal heat pumps by not later than the later of 
the date established under sections 431 through 434, or— 
(i) for cost-effective technologies and practices, the 
date that is 5 years after the date of installation; 
and 
(ii) for geothermal heat pumps, as soon as practical 
after the date of installation of the applicable geo-
thermal heat pump. 
(B) INCLUSIONS.—The term ‘‘operational cost savings’’ 
includes savings achieved at a facility as a result of— 
(i) the installation or use of cost-effective tech-
nologies and practices; or 
(ii) the planting of vegetation that shades the 
facility and reduces the heating, cooling, or lighting 
needs of the facility. 
(C) EXCLUSION.—The term ‘‘operational cost savings’’ 
does not include savings from measures that would likely
H. R. 6—107 
be adopted in the absence of cost-effective technology and 
practices programs, as determined by the Administrator. 
(10) GEOTHERMAL HEAT PUMP.—The term ‘‘geothermal heat 
pump’’ means any heating or air conditioning technology that— 
(A) uses the ground or ground water as a thermal 
energy source to heat, or as a thermal energy sink to 
cool, a building; and 
(B) meets the requirements of the Energy Star program 
of the Environmental Protection Agency applicable to geo-
thermal heat pumps on the date of purchase of the tech-
nology. 
(11) GSA FACILITY.— 
(A) IN GENERAL.—The term ‘‘GSA facility’’ means any 
building, structure, or facility, in whole or in part (including 
the associated support systems of the building, structure, 
or facility) that— 
(i) is constructed (including facilities constructed 
for lease), renovated, or purchased, in whole or in 
part, by the Administrator for use by the Federal 
Government; or 
(ii) is leased, in whole or in part, by the Adminis-
trator for use by the Federal Government— 
(I) except as provided in subclause (II), for 
a term of not less than 5 years; or 
(II) for a term of less than 5 years, if the 
Administrator determines that use of cost-effective 
technologies and practices would result in the pay-
back of expenses. 
(B) INCLUSION.—The term ‘‘GSA facility’’ includes any 
group of buildings, structures, or facilities described in 
subparagraph (A) (including the associated energy-con-
suming support systems of the buildings, structures, and 
facilities). 
(C) EXEMPTION.—The Administrator may exempt from 
the definition of ‘‘GSA facility’’ under this paragraph a 
building, structure, or facility that meets the requirements 
of section 543(c) of Public Law 95–619 (42 U.S.C. 8253(c)). 
(12) HIGH-PERFORMANCE
BUILDING.—The term ‘‘high- 
performance building’’ means a building that integrates and 
optimizes on a life cycle basis all major high performance 
attributes, including energy conservation, environment, safety, 
security, durability, accessibility, cost-benefit, productivity, 
sustainability, functionality, and operational considerations. 
(13) HIGH-PERFORMANCE
GREEN
BUILDING.—The term 
‘‘high-performance green building’’ means a high-performance 
building that, during its life-cycle, as compared with similar 
buildings (as measured by Commercial Buildings Energy 
Consumption Survey or Residential Energy Consumption 
Survey data from the Energy Information Agency)— 
(A) reduces energy, water, and material resource use; 
(B) improves indoor environmental quality, including 
reducing indoor pollution, improving thermal comfort, and 
improving lighting and acoustic environments that affect 
occupant health and productivity; 
(C) reduces negative impacts on the environment 
throughout the life-cycle of the building, including air and 
water pollution and waste generation;
H. R. 6—108 
(D) increases the use of environmentally preferable 
products, including biobased, recycled content, and nontoxic 
products with lower life-cycle impacts; 
(E) increases reuse and recycling opportunities; 
(F) integrates systems in the building; 
(G) reduces the environmental and energy impacts of 
transportation through building location and site design 
that support a full range of transportation choices for users 
of the building; and 
(H) considers indoor and outdoor effects of the building 
on human health and the environment, including— 
(i) improvements in worker productivity; 
(ii) the life-cycle impacts of building materials and 
operations; and 
(iii) other factors that the Federal Director or the 
Commercial Director consider to be appropriate. 
(14) LIFE-CYCLE.—The term ‘‘life-cycle’’, with respect to a 
high-performance green building, means all stages of the useful 
life of the building (including components, equipment, systems, 
and controls of the building) beginning at conception of a high- 
performance green building project and continuing through site 
selection, design, construction, landscaping, commissioning, 
operation, maintenance, renovation, deconstruction or demoli-
tion, removal, and recycling of the high-performance green 
building. 
(15) LIFE-CYCLE ASSESSMENT.—The term ‘‘life-cycle assess-
ment’’ means a comprehensive system approach for measuring 
the environmental performance of a product or service over 
the life of the product or service, beginning at raw materials 
acquisition and continuing through manufacturing, transpor-
tation, installation, use, reuse, and end-of-life waste manage-
ment. 
(16) LIFE-CYCLE
COSTING.—The term ‘‘life-cycle costing’’, 
with respect to a high-performance green building, means a 
technique of economic evaluation that— 
(A) sums, over a given study period, the costs of initial 
investment (less resale value), replacements, operations 
(including energy use), and maintenance and repair of an 
investment decision; and 
(B) is expressed— 
(i) in present value terms, in the case of a study 
period equivalent to the longest useful life of the 
building, determined by taking into consideration the 
typical life of such a building in the area in which 
the building is to be located; or 
(ii) in annual value terms, in the case of any 
other study period. 
(17) OFFICE
OF
COMMERCIAL
HIGH-PERFORMANCE
GREEN 
BUILDINGS.—The term ‘‘Office of Commercial High-Performance 
Green Buildings’’ means the Office of Commercial High- 
Performance Green Buildings established under section 421(a). 
(18) OFFICE
OF
FEDERAL
HIGH-PERFORMANCE
GREEN 
BUILDINGS.—The term ‘‘Office of Federal High-Performance 
Green Buildings’’ means the Office of Federal High-Performance 
Green Buildings established under section 436(a). 
(19) PRACTICES.—The term ‘‘practices’’ means design, 
financing, permitting, construction, commissioning, operation
H. R. 6—109 
and maintenance, and other practices that contribute to 
achieving zero-net-energy buildings or facilities. 
(20) ZERO-NET-ENERGY COMMERCIAL BUILDING.—The term 
‘‘zero-net-energy commercial building’’ means a commercial 
building that is designed, constructed, and operated to— 
(A) require a greatly reduced quantity of energy to 
operate; 
(B) meet the balance of energy needs from sources 
of energy that do not produce greenhouse gases; 
(C) therefore result in no net emissions of greenhouse 
gases; and 
(D) be economically viable. 
Subtitle A—Residential Building Efficiency 
SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PRO-
GRAM. 
(a) IN GENERAL.—Section 422 of the Energy Conservation and 
Production Act (42 U.S.C. 6872) is amended by striking ‘‘appro-
priated $500,000,000 for fiscal year 2006, $600,000,000 for fiscal 
year 2007, and $700,000,000 for fiscal year 2008’’ and inserting 
‘‘appropriated— 
‘‘(1) $750,000,000 for fiscal year 2008; 
‘‘(2) $900,000,000 for fiscal year 2009; 
‘‘(3) $1,050,000,000 for fiscal year 2010; 
‘‘(4) $1,200,000,000 for fiscal year 2011; and 
‘‘(5) $1,400,000,000 for fiscal year 2012.’’. 
(b) 
SUSTAINABLE
ENERGY
RESOURCES
FOR
CONSUMERS 
GRANTS.— 
(1) IN GENERAL.—The Secretary may make funding avail-
able to local weatherization agencies from amounts authorized 
under the amendment made by subsection (a) to expand the 
weatherization assistance program for residential buildings to 
include materials, benefits, and renewable and domestic energy 
technologies not covered by the program (as of the date of 
enactment of this Act), if the State weatherization grantee 
certifies that the applicant has the capacity to carry out the 
proposed activities and that the grantee will include the project 
in the financial oversight of the grantee of the weatherization 
assistance program. 
(2) PRIORITY.—In selecting grant recipients under this sub-
section, the Secretary shall give priority to— 
(A) the expected effectiveness and benefits of the pro-
posed project to low- and moderate-income energy con-
sumers; 
(B) the potential for replication of successful results; 
(C) the impact on the health and safety and energy 
costs of consumers served; and 
(D) the extent of partnerships with other public and 
private entities that contribute to the resources and 
implementation of the program, including financial partner-
ships. 
(3) FUNDING.— 
(A) IN GENERAL.—Except as provided in paragraph (2), 
the amount of funds used for projects described in para-
graph (1) may equal up to 2 percent of the amount of
H. R. 6—110 
funds made available for any fiscal year under section 
422 of the Energy Conservation and Production Act (42 
U.S.C. 6872). 
(B) EXCEPTION.—No funds may be used for sustainable 
energy resources for consumers grants for a fiscal year 
under this subsection if the amount of funds made available 
for the fiscal year to carry out the Weatherization Assist-
ance Program for Low-Income Persons established under 
part A of title IV of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6861 et seq.) is less than $275,000,000. 
(c) DEFINITION OF STATE.—Section 412 of the Energy Conserva-
tion and Production Act (42 U.S.C. 6862) is amended by striking 
paragraph (8) and inserting the following: 
‘‘(8) STATE.—The term ‘State’ means— 
‘‘(A) a State; 
‘‘(B) the District of Columbia; 
‘‘(C) the Commonwealth of Puerto Rico; and 
‘‘(D) any other territory or possession of the United 
States.’’. 
SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS. 
(a) IN GENERAL.—Not later than 120 days after the date of 
enactment of this Act, the Secretary shall conduct, and submit 
to Congress a report on, a study regarding the rebate programs 
established under sections 124 and 206(c) of the Energy Policy 
Act of 2005 (42 U.S.C. 15821, 15853). 
(b) COMPONENTS.—In conducting the study, the Secretary 
shall— 
(1) develop a plan for how the rebate programs would 
be carried out if the programs were funded; and 
(2) determine the minimum amount of funding the program 
would need to receive in order to accomplish the goals of the 
programs. 
SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFAC-
TURED HOUSING. 
(a) ESTABLISHMENT OF STANDARDS.— 
(1) IN GENERAL.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall by regulation 
establish standards for energy efficiency in manufactured 
housing. 
(2) NOTICE, COMMENT, AND
CONSULTATION.—Standards 
described in paragraph (1) shall be established after— 
(A) notice and an opportunity for comment by manufac-
turers of manufactured housing and other interested par-
ties; and 
(B) consultation with the Secretary of Housing and 
Urban Development, who may seek further counsel from 
the Manufactured Housing Consensus Committee. 
(b) REQUIREMENTS.— 
(1) INTERNATIONAL
ENERGY
CONSERVATION
CODE.—The 
energy conservation standards established under this section 
shall be based on the most recent version of the International 
Energy Conservation Code (including supplements), except in 
cases in which the Secretary finds that the code is not cost- 
effective, or a more stringent standard would be more cost- 
effective, based on the impact of the code on the purchase
H. R. 6—111 
price of manufactured housing and on total life-cycle construc-
tion and operating costs. 
(2) CONSIDERATIONS.—The energy conservation standards 
established under this section may— 
(A) take into consideration the design and factory 
construction techniques of manufactured homes; 
(B) be based on the climate zones established by the 
Department of Housing and Urban Development rather 
than the climate zones under the International Energy 
Conservation Code; and 
(C) provide for alternative practices that result in net 
estimated energy consumption equal to or less than the 
specified standards. 
(3) UPDATING.—The energy conservation standards estab-
lished under this section shall be updated not later than— 
(A) 1 year after the date of enactment of this Act; 
and 
(B) 1 year after any revision to the International 
Energy Conservation Code. 
(c) ENFORCEMENT.—Any manufacturer of manufactured housing 
that violates a provision of the regulations under subsection (a) 
is liable to the United States for a civil penalty in an amount 
not exceeding 1 percent of the manufacturer’s retail list price of 
the manufactured housing. 
Subtitle B—High-Performance Commercial 
Buildings 
SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS. 
(a) DIRECTOR
OF
COMMERCIAL
HIGH-PERFORMANCE
GREEN 
BUILDINGS.—Notwithstanding any other provision of law, the Sec-
retary, acting through the Assistant Secretary of Energy Efficiency 
and Renewable Energy, shall appoint a Director of Commercial 
High-Performance Green Buildings to a position in the career- 
reserved Senior Executive service, with the principal responsibility 
to— 
(1) establish and manage the Office of Commercial High- 
Performance Green Buildings; and 
(2) carry out other duties as required under this subtitle. 
(b) QUALIFICATIONS.—The Commercial Director shall be an indi-
vidual, who by reason of professional background and experience, 
is specifically qualified to carry out the duties required under this 
subtitle. 
(c) DUTIES.—The Commercial Director shall, with respect to 
development of high-performance green buildings and zero-energy 
commercial buildings nationwide— 
(1) coordinate the activities of the Office of Commercial 
High-Performance Green Buildings with the activities of the 
Office of Federal High-Performance Green Buildings; 
(2) develop the legal predicates and agreements for, nego-
tiate, and establish one or more public-private partnerships 
with the Consortium, members of the Consortium, and other 
capable parties meeting the qualifications of the Consortium, 
to further such development; 
(3) represent the public and the Department in negotiating 
and performing in accord with such public-private partnerships;
H. R. 6—112 
(4) use appropriated funds in an effective manner to encour-
age the maximum investment of private funds to achieve such 
development; 
(5) promote research and development of high-performance 
green buildings, consistent with section 423; and 
(6) jointly establish with the Federal Director a national 
high-performance green building clearinghouse in accordance 
with section 423(1), which shall provide high-performance green 
building 
information 
and 
disseminate 
research 
results 
through— 
(A) outreach; 
(B) education; and 
(C) the provision of technical assistance. 
(d) REPORTING.—The Commercial Director shall report directly 
to the Assistant Secretary for Energy Efficiency and Renewable 
Energy, or to other senior officials in a way that facilitates the 
integrated program of this subtitle for both energy efficiency and 
renewable energy and both technology development and technology 
deployment. 
(e) COORDINATION.—The Commercial Director shall ensure full 
coordination of high-performance green building information and 
activities, including activities under this subtitle, within the Federal 
Government by working with the General Services Administration 
and all relevant agencies, including, at a minimum— 
(1) the Environmental Protection Agency; 
(2) the Office of the Federal Environmental Executive; 
(3) the Office of Federal Procurement Policy; 
(4) the Department of Energy, particularly the Federal 
Energy Management Program; 
(5) the Department of Health and Human Services; 
(6) the Department of Housing and Urban Development; 
(7) the Department of Defense; 
(8) the National Institute of Standards and Technology; 
(9) the Department of Transportation; 
(10) the Office of Science Technology and Policy; and 
(11) such nonprofit high-performance green building rating 
and analysis entities as the Commercial Director determines 
can offer support, expertise, and review services. 
(f) HIGH-PERFORMANCE GREEN BUILDING PARTNERSHIP CONSOR-
TIUM.— 
(1) RECOGNITION.—Not later than 90 days after the date 
of enactment of this Act, the Commercial Director shall formally 
recognize one or more groups that qualify as a high-performance 
green building partnership consortium. 
(2) REPRESENTATION TO QUALIFY.—To qualify under this 
section, any consortium shall include representation from— 
(A) the design professions, including national associa-
tions of architects and of professional engineers; 
(B) the development, construction, financial, and real 
estate industries; 
(C) building owners and operators from the public and 
private sectors; 
(D) academic and research organizations, including at 
least one national laboratory with extensive commercial 
building energy expertise; 
(E) building code agencies and organizations, including 
a model energy code-setting organization;