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the application of cost-effective technologies and
practices reported by grantees under this section;
(B) standards for grantees to implement
training programs, and to provide technical as-
sistance and education, relating to the retrofit of
buildings using cost-effective technologies and
practices; and
(C) a requirement that each local govern-
ment that receives a grant under this section
shall achieve facility-wide cost savings, through
renovation of existing local government buildings
using cost-effective technologies and practices, of
at least 40 percent as compared to the baseline
operational costs of the buildings before the ren-
ovation (as calculated assuming a 3-year, weath-
er-normalized average).
(c) COMPLIANCE WITH STATE AND LOCAL LAW.—
Nothing in this section or any program carried out using
a grant provided under this section supersedes or otherwise
affects any State or local law, to the extent that the State
or local law contains a requirement that is more stringent
than the relevant requirement of this section.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2007 through 2012.
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(e) REPORTS.—
(1) IN GENERAL.—The Administrator shall pro-
vide annual reports to Congress on cost savings
achieved and actions taken and recommendations
made under this section, and any recommendations
for further action.
(2) FINAL
REPORT.—The Administrator shall
issue a final report at the conclusion of the program,
including findings, a summary of total cost savings
achieved, and recommendations for further action.
(f) TERMINATION.—The program under this section
shall terminate on September 30, 2012.
SEC. 404. DEFINITIONS.
In this subtitle:
(1) COST-EFFECTIVE LIGHTING TECHNOLOGY.—
(A) IN GENERAL.—The term ‘‘cost-effective
lighting technology’’ means a lighting technology
that—
(i) will result in substantial oper-
ational cost savings by ensuring an in-
stalled 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); and
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(II) Federal acquisition regula-
tion 23–203.
(B) INCLUSIONS.—The term ‘‘cost-effective
lighting technology’’ includes—
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effec-
tive lighting technologies.
(2) COST-EFFECTIVE TECHNOLOGIES AND PRAC-
TICES.—The term ‘‘cost-effective technologies and
practices’’ means a technology or practice that—
(A) will result in substantial operational
cost savings by reducing utility costs; and
(B) complies with the provisions of section
553 of Public Law 95–619 (42 U.S.C. 8259b)
and Federal acquisition regulation 23–203.
(3) OPERATIONAL COST SAVINGS.—
(A) IN GENERAL.—The term ‘‘operational
cost savings’’ means a reduction in end-use oper-
ational costs through the application of cost-effec-
tive technologies and practices or geothermal
heat pumps, including a reduction in electricity
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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 403(b),
that achieves cost savings sufficient to pay the
incremental additional costs of using cost-effec-
tive technologies and practices or geothermal
heat pumps by not later than—
(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 geothermal heat pump.
(B) INCLUSIONS.—The term ‘‘operational
cost savings’’ includes savings achieved at a fa-
cility as a result of—
(i) the installation or use of cost-effec-
tive technologies 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 be adopted in the ab-
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sence of cost-effective technology and practices
programs, as determined by the Administrator.
(4) GEOTHERMAL HEAT PUMP.—The term ‘‘geo-
thermal heat pump’’ means any heating or air condi-
tioning 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 geothermal heat pumps on
the date of purchase of the technology.
(5) GSA FACILITY.—
(A) IN GENERAL.—The term ‘‘GSA facility’’
means any building, structure, or facility, in
whole or in part (including the associated sup-
port systems of the building, structure, or facil-
ity) that—
(i) is constructed (including facilities
constructed for lease), renovated, or pur-
chased, in whole or in part, by the Admin-
istrator for use by the Federal Government;
or
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(ii) is leased, in whole or in part, by
the Administrator for use by the Federal
Government—
(I) except as provided in sub-
clause (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) (includ-
ing the associated energy-consuming support sys-
tems 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)).
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Subtitle B—Installation of Photo-
voltaic System at Department of
Energy Headquarters Building
SEC. 411. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DE-
PARTMENT 
OF 
ENERGY 
HEADQUARTERS
BUILDING.
(a) IN GENERAL.—The Administrator of General
Services shall install a photovoltaic system, as set forth in
the Sun Wall Design Project, for the headquarters building
of the Department of Energy located at 1000 Independence
Avenue, Southwest, Washington, D.C., commonly known as
the Forrestal Building.
(b) FUNDING.—There shall be available from the Fed-
eral Buildings Fund established by section 592 of title 40,
United States Code, $30,000,000 to carry out this section.
Such sums shall be derived from the unobligated balance
of amounts made available from the Fund for fiscal year
2007, and prior fiscal years, for repairs and alterations and
other activities (excluding amounts made available for the
energy program). Such sums shall remain available until
expended.
(c) OBLIGATION OF FUNDS.—None of the funds made
available pursuant to subsection (b) may be obligated prior
to September 30, 2007.
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Subtitle C—High-Performance
Green Buildings
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ‘‘High-Performance
Green Buildings Act of 2007’’.
SEC. 422. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) high-performance green buildings—
(A) reduce energy, water, and material re-
source use and the generation of waste;
(B) improve indoor environmental quality,
and protect indoor air quality by, for example,
using materials that emit fewer or no toxic
chemicals into the indoor air;
(C) improve thermal comfort;
(D) improve lighting and the acoustic envi-
ronment;
(E) improve the health and productivity of
individuals who live and work in the buildings;
(F) improve indoor and outdoor impacts of
the buildings on human health and the environ-
ment;
(G) increase the use of environmentally
preferable products, including biobased, recycled,
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and nontoxic products with lower lifecycle im-
pacts; and
(H) increase opportunities for reuse of ma-
terials and for recycling;
(2) during the planning, design, and construc-
tion of a high-performance green building, the envi-
ronmental and energy impacts of building location
and site design, the minimization of energy and ma-
terials use, and the environmental impacts of the
building are considered;
(3) according to the United States Green Build-
ing Council, certified green buildings, as compared to
conventional buildings—
(A) use an average of 36 percent less total
energy (and in some cases up to 50 to 70 percent
less total energy);
(B) use 30 percent less water; and
(C) reduce waste costs, often by 50 to 90
percent;
(4) the benefits of high-performance green build-
ings are important, because in the United States,
buildings are responsible for approximately—
(A) 39 percent of primary energy use;
(B) 12 percent of potable water use;
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(C) 136,000,000 tons of building-related
construction and demolition debris;
(D) 70 percent of United States resource
consumption; and
(E) 70 percent of electricity consumption;
(5) green building certification programs can be
highly beneficial by disseminating up-to-date infor-
mation and expertise regarding high-performance
green buildings, and by providing third-party
verification of green building design, practices, and
materials, and other aspects of buildings; and
(6) a July 2006 study completed for the General
Services Administration, entitled ‘‘Sustainable Build-
ing Rating Systems Summary,’’ concluded that—
(A) green building standards are an impor-
tant means to encourage better practices;
(B) the Leadership in Energy and Environ-
mental Design (LEED) standard for green
building certification is ‘‘currently the dominant
system in the United States market and is being
adapted to multiple markets worldwide’’; and
(C) there are other useful green building
certification or rating programs in various
stages of development and adoption, including
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the Green Globes program and other rating sys-
tems.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to encourage the Federal Government to act
as an example for State and local governments, the
private sector, and individuals by building high-per-
formance green buildings that reduce energy use and
environmental impacts;
(2) to establish an Office within the General
Services Administration, and a Green Building Advi-
sory Committee, to advance the goals of conducting
research and development and public outreach, and to
move the Federal Government toward construction of
high-performance green buildings;
(3) to encourage States, local governments, and
school systems to site, build, renovate, and operate
high-performance green schools through the adoption
of voluntary guidelines for those schools, the dissemi-
nation of grants, and the adoption of environmental
health plans and programs;
(4) to strengthen Federal leadership on high-per-
formance green buildings through the adoption of in-
centives for high-performance green buildings, and
improved green procurement by Federal agencies; and
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(5) to demonstrate that high-performance green
buildings can and do provide significant benefits, in
order to encourage wider adoption of green building
practices, through the adoption of demonstration
projects.
SEC. 423. DEFINITIONS.
In this subtitle:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services.
(2) COMMITTEE.—The term ‘‘Committee’’ means
the Green Building Advisory Committee established
under section 433(a).
(3) DIRECTOR.—The term ‘‘Director’’ means the
individual appointed to the position established under
section 431(a).
(4) FEDERAL FACILITY.—
(A) IN GENERAL.—The term ‘‘Federal facil-
ity’’ means any building or facility the intended
use of which requires the building or facility to
be—
(i) accessible to the public; and
(ii) constructed or altered by or on be-
half of the United States.
(B) EXCLUSIONS.—The term ‘‘Federal facil-
ity’’ does not include a privately-owned residen-
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tial or commercial structure that is not leased by
the Federal Government.
(5) HIGH-PERFORMANCE GREEN BUILDING.—The
term ‘‘high-performance green building’’ means a
building—
(A) that, during its life-cycle—
(i) reduces energy, water, and material
resource use and the generation of waste;
(ii) improves indoor environmental
quality, including protecting indoor air
quality during construction, using low-
emitting materials, improving thermal com-
fort, and improving lighting and acoustic
environments that affect occupant health
and productivity;
(iii) improves indoor and outdoor im-
pacts of the building on human health and
the environment;
(iv) increases the use of environ-
mentally preferable products, including
biobased, recycled content, and nontoxic
products with lower life-cycle impacts;
(v) increases reuse and recycling op-
portunities; and
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(vi) integrates systems in the building;
and
(B) for which, during its planning, design,
and construction, the environmental and energy
impacts of building location and site design are
considered.
(6) LIFE CYCLE.—The term ‘‘life cycle’’, with re-
spect to a high-performance green building, means all
stages of the useful life of the building (including com-
ponents, equipment, systems, and controls of the
building) beginning at conception of a green building
project and continuing through site selection, design,
construction, landscaping, commissioning, operation,
maintenance, renovation, deconstruction or demoli-
tion, removal, and recycling of the green building.
(7) LIFE-CYCLE ASSESSMENT.—The term ‘‘life-
cycle assessment’’ means a comprehensive system ap-
proach 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, transportation,
installation, use, reuse, and end-of-life waste manage-
ment.
(8) LIFE-CYCLE COSTING.—The term ‘‘life-cycle
costing’’, with respect to a high-performance green
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building, means a technique of economic evaluation
that—
(A) sums, over a given study period, the
costs of initial investment (less resale value), re-
placements, 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.
(9) OFFICE.—The term ‘‘Office’’ means the Office
of High-Performance Green Buildings established
under section 432(a).
PART I—OFFICE OF HIGH-PERFORMANCE GREEN
BUILDINGS
SEC. 431. OVERSIGHT.
(a) IN GENERAL.—The Administrator shall establish
within the General Services Administration, and appoint
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an individual to serve as Director in, a position in the ca-
reer-reserved Senior Executive service, to—
(1) establish and manage the Office in accord-
ance with section 432; and
(2) carry out other duties as required under this
subtitle.
(b) COMPENSATION.—The compensation of the Direc-
tor shall not exceed the maximum rate of basic pay for the
Senior Executive Service under section 5382 of title 5,
United States Code, including any applicable locality-based
comparability payment that may be authorized under sec-
tion 5304(h)(2)(C) of that title.
SEC. 432. OFFICE OF HIGH-PERFORMANCE GREEN BUILD-
INGS.
(a) ESTABLISHMENT.—The Director shall establish
within the General Services Administration an Office of
High-Performance Green Buildings.
(b) DUTIES.—The Director shall—
(1) ensure full coordination of high-performance
green building information and activities within the
General Services Administration and all relevant
Federal agencies, including, at a minimum—
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental
Executive;
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(C) the Office of Federal Procurement Pol-
icy;
(D) the Department of Energy;
(E) the Department of Health and Human
Services;
(F) the Department of Defense; and
(G) such other Federal agencies as the Di-
rector considers to be appropriate;
(2) establish a senior-level green building advi-
sory committee, which shall provide advice and rec-
ommendations in accordance with section 433;
(3) identify and biennially reassess improved or
higher rating standards recommended by the Com-
mittee;
(4) establish a national high-performance green
building clearinghouse in accordance with section
434, which shall provide green building information
through—
(A) outreach;
(B) education; and
(C) the provision of technical assistance;
(5) ensure full coordination of research and de-
velopment information relating to high-performance
green building initiatives under section 435;
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(6) identify and develop green building stand-
ards that could be used for all types of Federal facili-
ties in accordance with section 435;
(7) establish green practices that can be used
throughout the life of a Federal facility;
(8) review and analyze current Federal budget
practices and life-cycle costing issues, and make rec-
ommendations to Congress, in accordance with section
436; and
(9) complete and submit the report described in
subsection (c).
(c) REPORT.—Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the Direc-
tor shall submit to Congress a report that—
(1) describes the status of the green building ini-
tiatives under this subtitle and other Federal pro-
grams in effect as of the date of the report,
including—
(A) the extent to which the programs are
being carried out in accordance with this sub-
title; and
(B) the status of funding requests and ap-
propriations for those programs;
(2) identifies within the planning, budgeting,
and construction process all types of Federal facility
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procedures that inhibit new and existing Federal fa-
cilities from becoming high-performance green build-
ings, as measured by the standard for high-perform-
ance green buildings identified in accordance with
subsection (d);
(3) identifies inconsistencies, as reported to the
Committee, in Federal law with respect to product ac-
quisition guidelines and high-performance product
guidelines;
(4) recommends language for uniform standards
for use by Federal agencies in environmentally re-
sponsible acquisition;
(5) in coordination with the Office of Manage-
ment and Budget, reviews the budget process for cap-
ital programs with respect to alternatives for—
(A) restructuring of budgets to require the
use of complete energy- and environmental-cost
accounting;
(B) using operations expenditures in budg-
et-related decisions while simultaneously incor-
porating productivity and health measures (as
those measures can be quantified by the Office,
with the assistance of universities and national
laboratories);
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(C) permitting Federal agencies to retain
all identified savings accrued as a result of the
use of life cycle costing; and
(D) identifying short- and long-term cost
savings that accrue from high-performance green
buildings, including those relating to health and
productivity;
(6) identifies green, self-sustaining technologies
to address the operational needs of Federal facilities
in times of national security emergencies, natural dis-
asters, or other dire emergencies;
(7) summarizes and highlights development, at
the State and local level, of green building initiatives,
including Executive orders, policies, or laws adopted
promoting green building (including the status of im-
plementation of those initiatives); and
(8) includes, for the 2-year period covered by the
report, recommendations to address each of the mat-
ters, and a plan for implementation of each rec-
ommendation, described in paragraphs (1) through
(6).
(d) IDENTIFICATION OF STANDARD.—
(1) IN GENERAL.—For the purpose of subsection
(c)(2), not later than 60 days after the date of enact-
ment of this Act, the Director shall identify a stand-
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ard that the Director determines to be the most likely
to encourage a comprehensive and environmentally-
sound approach to certification of green buildings.
(2) BASIS.—The standard identified under para-
graph (1) shall be based on—
(A) a biennial study, which shall be carried
out by the Director to compare and evaluate
standards;
(B) the ability and availability of assessors
and auditors to independently verify the criteria
and measurement of metrics at the scale nec-
essary to implement this subtitle;
(C) the ability of the applicable standard-
setting organization to collect and reflect public
comment;
(D) the ability of the standard to be devel-
oped and revised through a consensus-based proc-
ess;
(E) an evaluation of the adequacy of the
standard, which shall give credit for—
(i) efficient and sustainable use of
water, energy, and other natural resources;
(ii) use of renewable energy sources;
(iii) improved indoor environmental
quality through enhanced indoor air qual-
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ity, thermal comfort, acoustics, day light-
ing, pollutant source control, and use of
low-emission materials and building system
controls; and
(iv) such other criteria as the Director
determines to be appropriate; and
(F) national recognition within the build-
ing industry.
(3) BIENNIAL REVIEW.—The Director shall—
(A) conduct a biennial review of the stand-
ard identified under paragraph (1); and
(B) include the results of each biennial re-
view in the report required to be submitted under
subsection (c).
(e) IMPLEMENTATION.—The Office shall carry out each
plan for implementation of recommendations under sub-
section (c)(7).
SEC. 433. GREEN BUILDING ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—Not later than 180 days after
the date of enactment of this Act, the Director shall establish
an advisory committee, to be known as the ‘‘Green Building
Advisory Committee’’.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Committee shall be com-
posed of representatives of, at a minimum—
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(A) each agency referred to in section
432(b)(1); and
(B) other relevant agencies and entities, as
determined by the Director, including at least 1
representative of each of—
(i) State and local governmental green
building programs;
(ii) independent green building asso-
ciations or councils;
(iii) building experts, including archi-
tects, material suppliers, and construction
contractors;
(iv) security advisors focusing on na-
tional security needs, natural disasters, and
other dire emergency situations; and
(v) environmental health experts, in-
cluding those with experience in children’s
health.
(2) NON-FEDERAL MEMBERS.—The total number
of non-Federal members on the Committee at any
time shall not exceed 15.
(c) MEETINGS.—The Director shall establish a regular
schedule of meetings for the Committee.
(d) DUTIES.—The Committee shall provide advice and
expertise for use by the Director in carrying out the duties
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under this subtitle, including such recommendations relat-
ing to Federal activities carried out under sections 434
through 436 as are agreed to by a majority of the members
of the Committee.
(e) FACA EXEMPTION.—The Committee shall not be
subject to section 14 of the Federal Advisory Committee Act
(5 U.S.C. App.).
SEC. 434. PUBLIC OUTREACH.
The Director, in coordination with the Committee,
shall carry out public outreach to inform individuals and
entities of the information and services available Govern-
ment-wide by—
(1) establishing and maintaining a national
high-performance green building clearinghouse, in-
cluding on the Internet, that—
(A) identifies existing similar efforts and
coordinates activities of common interest; and
(B) provides information relating to high-
performance 
green 
buildings, 
including
hyperlinks to Internet sites that describe related
activities, information, and resources of—
(i) the Federal Government;
(ii) State and local governments;
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(iii) the private sector (including non-
governmental and nonprofit entities and or-
ganizations); and
(iv) other relevant organizations, in-
cluding those from other countries;
(2) identifying and recommending educational
resources for implementing high-performance green
building practices, including security and emergency
benefits and practices;
(3) providing access to technical assistance on
using tools and resources to make more cost-effective,
energy-efficient, 
health-protective, 
and 
environ-
mentally beneficial decisions for constructing high-
performance green buildings, including tools available
to conduct life-cycle costing and life-cycle assessment;
(4) providing information on application proc-
esses for certifying a high-performance green building,
including certification and commissioning;
(5) providing technical information, market re-
search, or other forms of assistance or advice that
would be useful in planning and constructing high-
performance green buildings; and
(6) using such other methods as are determined
by the Director to be appropriate.
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SEC. 435. RESEARCH AND DEVELOPMENT.
(a) ESTABLISHMENT.—The Director, in coordination
with the Committee, shall—
(1)(A) survey existing research and studies relat-
ing to high-performance green buildings; and
(B) coordinate activities of common interest;
(2) develop and recommend a high-performance
green building research plan that—
(A) identifies information and research
needs, 
including 
the 
relationships 
between
human health, occupant productivity, and each
of—
(i) emissions from materials and prod-
ucts in the building;
(ii) natural day lighting;
(iii) ventilation choices and tech-
nologies;
(iv) heating, cooling, and system con-
trol choices and technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest
control activities;
(vii) acoustics; and
(viii) other issues relating to the
health, comfort, productivity, and perform-
ance of occupants of the building; and
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(B) promotes the development and dissemi-
nation of high-performance green building meas-
urement tools that, at a minimum, may be
used—
(i) to monitor and assess the life-cycle
performance of facilities (including dem-
onstration projects) built as high-perform-
ance green buildings; and
(ii) to perform life-cycle assessments;
(3) assist the budget and life-cycle costing func-
tions of the Office under section 436;
(4) study and identify potential benefits of green
buildings relating to security, natural disaster, and
emergency needs of the Federal Government; and
(5) support other research initiatives determined
by the Office.
(b) INDOOR AIR QUALITY.—The Director, in consulta-
tion with the Committee, shall develop and carry out a com-
prehensive indoor air quality program for all Federal fa-
cilities to ensure the safety of Federal workers and facility
occupants—
(1) during new construction and renovation of
facilities; and
(2) in existing facilities.
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SEC. 436. BUDGET AND LIFE-CYCLE COSTING AND CON-
TRACTING.
(a) ESTABLISHMENT.—The Director, in coordination
with the Committee, shall—
(1) identify, review, and analyze current budget
and contracting practices that affect achievement of
high-performance green buildings, including the iden-
tification of barriers to green building life-cycle cost-
ing and budgetary issues;
(2) develop guidance and conduct training ses-
sions with budget specialists and contracting per-
sonnel from Federal agencies and budget examiners to
apply life-cycle cost criteria to actual projects;
(3) identify tools to aid life-cycle cost decision-
making; and
(4) explore the feasibility of incorporating the
benefits of green buildings, such as security benefits,
into a cost-budget analysis to aid in life-cycle costing
for budget and decision making processes.
SEC. 437. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this part $4,000,000 for each of fiscal years 2008 through
2012, to remain available until expended.
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PART II—HEALTHY HIGH-PERFORMANCE
SCHOOLS
SEC. 441. DEFINITION OF HIGH-PERFORMANCE SCHOOL.
In this part, the term ‘‘high-performance school’’ has
the meaning given the term ‘‘healthy, high-performance
school building’’ in section 5586 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7277e).
SEC. 442. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
The Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Education,
may provide grants to qualified State agencies for use in—
(1) providing technical assistance for programs
of the Environmental Protection Agency (including
the Tools for Schools Program and the Healthy School
Environmental Assessment Tool) to schools for use in
addressing environmental issues; and
(2) development of State school environmental
quality plans that include—
(A) standards for school building design,
construction, and renovation; and
(B) identification of ongoing school building
environmental problems in the State and rec-
ommended solutions to address those problems,
including assessment of information on the expo-
sure of children to environmental hazards in
school facilities.
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SEC. 443. MODEL GUIDELINES FOR SITING OF SCHOOL FA-
CILITIES.
The Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Education
and the Secretary of Health and Human Services, shall de-
velop voluntary school site selection guidelines that account
for—
(1) the special vulnerability of children to haz-
ardous substances or pollution exposures in any case
in which the potential for contamination at a poten-
tial school site exists;
(2) modes of transportation available to students
and staff;
(3) the efficient use of energy; and
(4) the potential use of a school at the site as an
emergency shelter.
SEC. 444. PUBLIC OUTREACH.
(a) IN GENERAL.—The Administrator of the Environ-
mental Protection Agency shall provide to the Director in-
formation relating to all activities carried out under this
part, which the Director shall include in the report de-
scribed in section 432(c).
(b) PUBLIC OUTREACH.—The Director shall ensure, to
the maximum extent practicable, that the public clearing-
house established under section 434 receives and makes
available information on the exposure of children to envi-
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ronmental hazards in school facilities, as provided by the
Administrator of the Environmental Protection Agency.
SEC. 445. ENVIRONMENTAL HEALTH PROGRAM.
(a) IN GENERAL.—The Administrator of the Environ-
mental Protection Agency, in consultation with the Sec-
retary of Education, the Secretary of Health and Human
Services, and other relevant agencies, shall issue voluntary
guidelines for use by the State in developing and imple-
menting an environmental health program for schools
that—
(1) takes into account the status and findings of
Federal research initiatives established under this
subtitle and other relevant Federal law with respect
to school facilities, including relevant updates on
trends in the field, such as the impact of school facil-
ity environments on student and staff—
(A) health, safety, and productivity; and
(B) disabilities or special needs;
(2) provides research using relevant tools identi-
fied or developed in accordance with section 435(a) to
quantify the relationships between—
(A) human health, occupant productivity,
and student performance; and
(B) with respect to school facilities, each
of—
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(i) pollutant emissions from materials
and products;
(ii) natural day lighting;
(iii) ventilation choices and tech-
nologies;
(iv) heating and cooling choices and
technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest
control activities;
(vii) acoustics; and
(viii) other issues relating to the
health, comfort, productivity, and perform-
ance of occupants of the school facilities;
(3) provides technical assistance on siting, de-
sign, management, and operation of school facilities,
including facilities used by students with disabilities
or special needs;
(4) collaborates with federally funded pediatric
environmental health centers to assist in on-site school
environmental investigations;
(5) assists States and the public in better under-
standing and improving the environmental health of
children; and
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(6) provides to the Office a biennial report of all
activities carried out under this part, which the Di-
rector shall include in the report described in section
432(c).
(b) PUBLIC OUTREACH.—The Director shall ensure, to
the maximum extent practicable, that the public clearing-
house established under section 434 receives and makes
available—
(1) information from the Administrator of the
Environmental Protection Agency that is contained
in the report described in subsection (a)(6); and
(2) information on the exposure of children to
environmental hazards in school facilities, as pro-
vided by the Administrator of the Environmental
Protection Agency.
SEC. 446. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this part $10,000,000 for the period of fiscal years 2008
through 2012, to remain available until expended.
PART III—STRENGTHENING FEDERAL
LEADERSHIP
SEC. 451. INCENTIVES.
As soon as practicable after the date of enactment of
this Act, the Director shall identify incentives to encourage
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the use of green buildings and related technology in the op-
erations of the Federal Government, including through—
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial
savings in the annual budgets of Federal agencies.
SEC. 452. FEDERAL PROCUREMENT.
(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Director of the Office of
Federal Procurement Policy, in consultation with the Di-
rector and the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall promulgate revisions of the
applicable acquisition regulations, to take effect as of the
date of promulgation of the revisions—
(1) to direct any Federal procurement executives
involved in the acquisition, construction, or major
renovation (including contracting for the construction
or major renovation) of any facility, to the maximum
extent practicable—
(A) to employ integrated design principles;
(B) to optimize building and systems en-
ergy performance;
(C) to protect and conserve water;
(D) to enhance indoor environmental qual-
ity; and
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(E) to reduce environmental impacts of ma-
terials and waste flows; and
(2) to direct Federal procurement executives in-
volved in leasing buildings, to give preference to the
lease of facilities that, to the maximum extent
practicable—
(A) are energy-efficient; and
(B) have applied contemporary high-per-
formance and sustainable design principles dur-
ing construction or renovation.
(b) GUIDANCE.—Not later than 90 days after the date
of promulgation of the revised regulations under subsection
(a), the Director shall issue guidance to all Federal procure-
ment executives providing direction and the option to re-
negotiate the design of proposed facilities, renovations for
existing facilities, and leased facilities to incorporate im-
provements that are consistent with this section.
SEC. 453. FEDERAL GREEN BUILDING PERFORMANCE.
(a) IN GENERAL.—Not later than October 31 of each
of the 2 fiscal years following the fiscal year in which this
Act is enacted, and at such times thereafter as the Comp-
troller General of the United States determines to be appro-
priate, the Comptroller General of the United States shall,
with respect to the fiscal years that have passed since the
preceding report—
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(1) conduct an audit of the implementation of
this subtitle; and
(2) submit to the Office, the Committee, the Ad-
ministrator, and Congress a report describing the re-
sults of the audit.
(b) CONTENTS.—An audit under subsection (a) shall
include a review, with respect to the period covered by the
report under subsection (a)(2), of—
(1) budget, life-cycle costing, and contracting
issues, using best practices identified by the Comp-
troller General of the United States and heads of other
agencies in accordance with section 436;
(2) the level of coordination among the Office,
the Office of Management and Budget, and relevant
agencies;
(3) the performance of the Office in carrying out
the implementation plan;
(4) the design stage of high-performance green
building measures;
(5) high-performance building data that were
collected and reported to the Office; and
(6) such other matters as the Comptroller Gen-
eral of the United States determines to be appro-
priate.
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(c) ENVIRONMENTAL STEWARDSHIP SCORECARD.—
The Director shall consult with the Committee to enhance,
and assist in the implementation of, the Environmental
Stewardship Scorecard announced at the White House sum-
mit on Federal sustainable buildings in January 2006, to
measure the implementation by each Federal agency of sus-
tainable design and green building initiatives.
SEC. 454. STORM WATER RUNOFF REQUIREMENTS FOR FED-
ERAL DEVELOPMENT PROJECTS.
The sponsor of any development or redevelopment
project involving a Federal facility with a footprint that
exceeds 5,000 square feet shall use site planning, design,
construction, and maintenance strategies for the property
to maintain, to the maximum extent technically feasible,
the predevelopment hydrology of the property with regard
to the temperature, rate, volume, and duration of flow.
PART IV—DEMONSTRATION PROJECT
SEC. 461. COORDINATION OF GOALS.
(a) IN GENERAL.—The Director shall establish guide-
lines to implement a demonstration project to contribute
to the research goals of the Office.
(b) PROJECTS.—
(1) IN GENERAL.—In accordance with guidelines
established by the Director under subsection (a) and
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the duties of the Director described in part I, the Di-
rector shall carry out 3 demonstration projects.
(2) LOCATION OF PROJECTS.—Each project car-
ried out under paragraph (1) shall be located in a
Federal building in a State recommended by the Di-
rector in accordance with subsection (c).
(3) REQUIREMENTS.—Each project carried out
under paragraph (1) shall—
(A) provide for the evaluation of the infor-
mation obtained through the conduct of projects
and activities under this subtitle; and
(B) achieve the highest available rating
under the standard identified pursuant to section
432(d).
(c) CRITERIA.—With respect to the existing or pro-
posed Federal facility at which a demonstration project
under this section is conducted, the Federal facility shall—
(1) be an appropriate model for a project relat-
ing to—
(A) the effectiveness of high-performance
technologies;
(B) analysis of materials, components, and
systems, including the impact on the health of
building occupants;
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(C) life-cycle costing and life-cycle assess-
ment of building materials and systems; and
(D) location and design that promote access
to the Federal facility through walking, biking,
and mass transit; and
(2) possess sufficient technological and organiza-
tional adaptability.
(d) REPORT.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter through Sep-
tember 30, 2013, the Director shall submit to the Adminis-
trator a report that describes the status of and findings re-
garding the demonstration project.
SEC. 462. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
the Federal demonstration project described in section
461(b) $10,000,000 for the period of fiscal years 2008
through 2012, to remain available until expended.
TITLE V—CORPORATE AVERAGE
FUEL ECONOMY STANDARDS
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Ten-in-Ten Fuel Econ-
omy Act’’.
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SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTO-
MOBILES AND CERTAIN OTHER VEHICLES.
(a) INCREASED STANDARDS.—Section 32902 of title
49, United States Code, is amended—
(1) 
by 
striking 
‘‘NON-PASSENGER
AUTOMOBILES.—’’ in subsection (a) and insert-
ing ‘‘PRESCRIPTION OF STANDARDS BY
REGULATION.—’’;
(2) by striking ‘‘(except passenger automobiles)’’
in subsection (a); and
(3) by striking subsection (b) and inserting the
following:
‘‘(b) STANDARDS FOR AUTOMOBILES AND CERTAIN
OTHER VEHICLES.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation, after consultation with the Administrator of
the Environmental Protection Agency, shall prescribe
average fuel economy standards for—
‘‘(A) automobiles manufactured by manu-
facturers in each model year beginning with
model year 2011 in accordance with subsection
(c); and
‘‘(B) commercial medium-duty or heavy-
duty on-highway vehicles in accordance with
subsection (k).
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‘‘(2) 
FUEL
ECONOMY
TARGET
FOR
AUTO-
MOBILES.—
‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE
FOR
MODEL
YEARS
2011
THROUGH
2020.—The
Secretary shall prescribe average fuel economy
standards for automobiles in each model year be-
ginning with model year 2011 to achieve a com-
bined fuel economy average for model year 2020
of at least 35 miles per gallon for the fleet of
automobiles manufactured or sold in the United
States. The average fuel economy standards pre-
scribed by the Secretary shall be the maximum
feasible average fuel economy standards for
model years 2011 through 2019.
‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE
FOR
MODEL
YEARS
2021
THROUGH
2030.—For
model years 2021 through 2030, the average fuel
economy required to be attained by the fleet of
automobiles manufactured or sold in the United
States shall be the maximum feasible average
fuel economy standard for the fleet.
‘‘(C) PROGRESS
TOWARD
STANDARD
RE-
QUIRED.—In prescribing average fuel economy
standards under subparagraph (A), the Sec-
retary shall prescribe annual fuel economy
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standard increases that increase the applicable
average fuel economy standard ratably beginning
with model year 2011 and ending with model
year 2020.’’.
(b) FUEL ECONOMY TARGET FOR COMMERCIAL ME-
DIUM-DUTY AND HEAVY-DUTY ON-HIGHWAY VEHICLES.—
Section 32902 of title 49, United States Code, is amended
by adding at the end thereof the following:
‘‘(k) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON-
HIGHWAY VEHICLES.—
‘‘(1) STUDY.—No later than 18 months after the
date of enactment of the Ten-in-Ten Fuel Economy
Act, the Secretary of Transportation, in consultation
with the Secretary of Energy and the Administrator
of the Environmental Protection Agency, shall exam-
ine the fuel efficiency of commercial medium- and
heavy-duty on-highway vehicles and determine—
‘‘(A) the appropriate test procedures and
methodologies 
for 
measuring 
commercial
medium- and heavy-duty on-highway vehicle fuel
efficiency;
‘‘(B) the appropriate metric for measuring
and expressing commercial medium- and heavy-
duty on-highway vehicle fuel efficiency perform-
ance, taking into consideration, among other
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things, the work performed by such on-highway
vehicles and types of operations in which they
are used;
‘‘(C) the range of factors, including, without
limitation, design, functionality, use, duty cycle,
infrastructure, and total overall energy consump-
tion and operating costs that effect commercial
medium- and heavy-duty on-highway vehicle fuel
efficiency; and
‘‘(D) such other factors and conditions that
could have an impact on a program to improve
commercial medium- and heavy-duty on-high-
way vehicle fuel efficiency.
‘‘(2) RULEMAKING.—No later than 24 months
after completion of the study required by paragraph
(1), the Secretary, in consultation with the Secretary
of Energy and the Administrator of the Environ-
mental Protection Agency, by regulation, shall deter-
mine in a rulemaking procedure how to implement a
commercial medium- and heavy-duty on-highway ve-
hicle fuel efficiency improvement program designed to
achieve the maximum feasible improvement, and shall
adopt appropriate test methods, measurement metrics,
fuel economy standards, and compliance and enforce-
ment protocols that are appropriate, cost-effective,
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and technologically feasible for commercial medium-
and heavy-duty on-highway vehicles.
‘‘(3) LEAD-TIME; REGULATORY STABILITY.—Any
commercial medium- and heavy-duty on-highway ve-
hicle fuel efficiency regulatory program adopted pur-
suant to this subsection shall provide no less than 4
full model years of regulatory lead-time and 3 full
model years of regulatory stability.
‘‘(4) COMMERCIAL
MEDIUM- AND
HEAVY-DUTY
ON-HIGHWAY VEHICLE DEFINED.—In this subsection,
the term ‘commercial medium- and heavy-duty on-
highway vehicle’ means an on-highway vehicle with a
gross vehicle weight rating of more than 8,500
pounds, and that, in the case of a vehicle with a gross
vehicle weight rating of less than 10,000 pounds, is
not an automobile.’’.
(c) AUTHORITY
OF SECRETARY.—Section 32902 of
title 49, United States Code, as amended by subsection (b),
is further amended by adding at the end thereof the fol-
lowing:
‘‘(l) AUTHORITY OF THE SECRETARY.—
‘‘(1) VEHICLE ATTRIBUTES; MODEL YEARS COV-
ERED.—The Secretary shall—
‘‘(A) prescribe by regulation average fuel
economy standards for automobiles based on ve-
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hicle attributes related to fuel economy and to
express the standards in the form of a mathe-
matical function; and
‘‘(B) issue regulations under this title pre-
scribing average fuel economy standards for 1 or
more model years.
‘‘(2) PROHIBITION OF UNIFORM PERCENTAGE IN-
CREASE.—When the Secretary prescribes a standard,
or prescribes an amendment under this section that
changes a standard, the standard may not be ex-
pressed as a uniform percentage increase from the
fuel-economy performance of attribute classes or cat-
egories already achieved in a model year by a manu-
facturer.’’.
SEC. 503. AMENDING FUEL ECONOMY STANDARDS.
(a) IN GENERAL.—Section 32902(c) of title 49, United
States Code, is amended to read as follows:
‘‘(c) AMENDING FUEL ECONOMY STANDARDS.—Not-
withstanding subsections (a) and (b), the Secretary of
Transportation—
‘‘(1) may prescribe a standard higher than that
required under subsection (b); or
‘‘(2) may prescribe an average fuel economy
standard for automobiles that is the maximum fea-
sible level for the model year, despite being lower than
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the standard required under subsection (b), if the Sec-
retary determines, based on clear and convincing evi-
dence, that the average fuel economy standard pre-
scribed in accordance with subsections (a) and (b) for
automobiles in that model year is shown not to be
cost-effective.’’.
(b) FEASIBILITY CRITERIA.—Section 32902(f) of title
49, United States Code, is amended to read as follows:
‘‘(f) DECISIONS
ON MAXIMUM FEASIBLE AVERAGE
FUEL ECONOMY.—
‘‘(1) IN
GENERAL.—When deciding maximum
feasible average fuel economy under this section, the
Secretary shall consider—
‘‘(A) economic practicability;
‘‘(B) the effect of other motor vehicle stand-
ards of the Government on fuel economy;
‘‘(C) environmental impacts; and
‘‘(D) the need of the United States to con-
serve energy.
‘‘(2) LIMITATIONS.—In setting any standard
under subsection (b), (c), or (d), the Secretary shall
ensure that each standard is the highest standard
that—
‘‘(A) is technologically achievable;
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‘‘(B) can be achieved without materially re-
ducing the overall safety of automobiles manu-
factured or sold in the United States;
‘‘(C) is not less than the standard for that
class of vehicles from any prior year; and
‘‘(D) is cost-effective.
‘‘(3) COST-EFFECTIVE
DEFINED.—In this sub-
section, the term ‘cost-effective’ means that the value
to the United States of reduced fuel use from a pro-
posed fuel economy standard is greater than or equal
to the cost to the United States of such standard. In
determining cost-effectiveness, the Secretary shall give
priority to those technologies and packages of tech-
nologies that offer the largest reduction in fuel use rel-
ative to their costs.
‘‘(4) FACTORS
FOR
CONSIDERATION
BY
SEC-
RETARY IN DETERMINING COST-EFFECTIVENESS.—The
Secretary shall consult with the Administrator of the
Environmental Protection Agency, and may consult
with such other departments and agencies as the Sec-
retary deems appropriate, and shall consider in the
analysis the following factors:
‘‘(A) Economic security.
‘‘(B) The impact of the oil or energy inten-
sity of the United States economy on the sensi-
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tivity of the economy to oil and other fuel price
changes, including the magnitude of gross domes-
tic product losses in response to short term price
shocks or long term price increases.
‘‘(C) National security, including the im-
pact of United States payments for oil and other
fuel imports on political, economic, and military
developments in unstable or unfriendly oil-ex-
porting countries.
‘‘(D) The uninternalized costs of pipeline
and storage oil seepage, and for risk of oil spills
from production, handling, and transport, and
related landscape damage.
‘‘(E) The emissions of pollutants including
greenhouse gases over the lifecycle of the fuel and
the resulting costs to human health, the economy,
and the environment.
‘‘(F) Such additional factors as the Sec-
retary deems relevant.
‘‘(5) MINIMUM
VALUATION.—When considering
the value to consumers of a gallon of gasoline saved,
the Secretary of Transportation shall use as a min-
imum value the greater of—
‘‘(A) the average value of gasoline prices
projected by the Energy Information Adminis-
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tration over the period covered by the standard;
or
‘‘(B) the average value of gasoline prices for
the 5-year period immediately preceding the year
in which the standard is established.’’.
(c) CONSULTATION REQUIREMENT.—Section 32902(i)
of title 49, United States Code, is amended by inserting
‘‘and the Administrator of the Environmental Protection
Agency’’ after ‘‘Energy’’.
(d) COMMENTS.—Section 32902(j) of title 49, United
States Code, is amended—
(1) by striking paragraph (1) and inserting ‘‘(1)
Before issuing a notice proposing to prescribe or
amend an average fuel economy standard under sub-
section (b), (c), or (g) of this section, the Secretary of
Transportation shall give the Secretary of Energy
and Administrator of the Environmental Protection
Agency at least 30 days after the receipt of the notice
during which the Secretary of Energy and Adminis-
trator may, if the Secretary of Energy or Adminis-
trator concludes that the proposed standard would ad-
versely affect the conservation goals of the Secretary
of Energy or environmental protection goals of the
Administrator, provide written comments to the Sec-
retary of Transportation about the impact of the
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standard on those goals. To the extent the Secretary
of Transportation does not revise a proposed standard
to take into account comments of the Secretary of En-
ergy or Administrator on any adverse impact of the
standard, the Secretary of Transportation shall in-
clude those comments in the notice.’’; and
(2) by inserting ‘‘and the Administrator’’ after
‘‘Energy’’ each place it appears in paragraph (2).
(e) ALTERNATIVE FUEL ECONOMY STANDARDS FOR
LOW VOLUME MANUFACTURERS AND NEW ENTRANTS.—
Section 32902(d) of title 49, United States Code, is amend-
ed to read as follows:
‘‘(d) ALTERNATIVE AVERAGE FUEL ECONOMY STAND-
ARD.—
‘‘(1) IN GENERAL.—Upon the application of an
eligible manufacturer, the Secretary of Transpor-
tation may prescribe an alternative average fuel econ-
omy standard for automobiles manufactured by that
manufacturer if the Secretary determines that—
‘‘(A) the applicable standard prescribed
under subsection (a), (b), or (c) is more stringent
than the maximum feasible average fuel economy
level that manufacturer can achieve; and
‘‘(B) the alternative average fuel economy
standard prescribed under this subsection is the
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maximum feasible average fuel economy level
that manufacturer can achieve.
‘‘(2) APPLICATION
OF
ALTERNATIVE
STAND-
ARD.—The Secretary may provide for the application
of an alternative average fuel economy standard pre-
scribed under paragraph (1) to—
‘‘(A) the manufacturer that applied for the
alternative average fuel economy standard;
‘‘(B) all automobiles to which this sub-
section applies; or
‘‘(C) classes of automobiles manufactured by
eligible manufacturers.
‘‘(3) IMPORTERS.—Notwithstanding paragraph
(1), an importer registered under section 30141(c)
may not be exempted as a manufacturer under para-
graph (1) for an automobile that the importer—
‘‘(A) imports; or
‘‘(B) brings into compliance with applicable
motor vehicle safety standards prescribed under
chapter 301 for an individual described in sec-
tion 30142.
‘‘(4) APPLICATION.—The Secretary of Transpor-
tation may prescribe the contents of an application
for an alternative average fuel economy standard.
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‘‘(5) ELIGIBLE
MANUFACTURER
DEFINED.—In
this section, the term ‘eligible manufacturer’ means a
manufacturer that—
‘‘(A) is not owned in whole or in part by
another manufacturer that sold greater than 0.5
percent of the number of automobiles sold in the
United States in the model year prior to the
model year to which the application relates;
‘‘(B) sold in the United States fewer than
0.4 percent of the number of automobiles sold in
the United States in the model year that is 2
years before the model year to which the applica-
tion relates; and
‘‘(C) will sell in the United States fewer
than 0.4 percent of the automobiles sold in the
United States for the model year for which the
alternative average fuel economy standard will
apply.
‘‘(6) LIMITATION.—For purposes of this sub-
section, notwithstanding section 32901(a)(4), the term
‘automobile manufactured by a manufacturer’ in-
cludes every automobile manufactuered by a person
that controls, is controlled by, or is under common
control with the manufacturer.
(f) TECHNICAL AND CONFORMING AMENDMENTS.—
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(1) Section 32902(d) of title 49, United States
Code, is amended by striking ‘‘passenger’’ each place
it appears.
(2) Section 32902(g) of title 49, United States
Code, is amended—
(A) by striking ‘‘subsection (a) or (d)’’ each
place it appears in paragraph (1) and inserting
‘‘subsection (b), (c), or (d)’’; and
(B) striking ‘‘(and submit the amendment
to Congress when required under subsection
(c)(2) of this section)’’ in paragraph (2).
SEC. 504. DEFINITIONS.
(a) IN GENERAL.—Section 32901(a) of title 49, United
States Code, is amended—
(1) by striking paragraph (3) and inserting the
following:
‘‘(3) except as provided in section 32908 of this
title, ‘automobile’ means a 4-wheeled vehicle that is
propelled by fuel, or by alternative fuel, manufactured
primarily for use on public streets, roads, and high-
ways and rated at not more than 10,000 pounds gross
vehicle weight, except—
‘‘(A) a vehicle operated only on a rail line;
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‘‘(B) a vehicle manufactured by 2 or more
manufacturers in different stages and less than
10,000 of which are manufactured per year; or
‘‘(C) a work truck.’’; and
(2) by adding at the end the following:
‘‘(17) ‘work truck’ means an automobile that the
Secretary determines by regulation—
‘‘(A) is rated at between 8,500 and 10,000
pounds gross vehicle weight; and
‘‘(B) is not a medium-duty passenger vehi-
cle (as defined in section 86.1803–01 of title 40,
Code of Federal Regulations).’’.
(b) DEADLINE FOR REGULATIONS.—The Secretary of
Transportation—
(1) shall issue proposed regulations imple-
menting the amendments made by subsection (a) not
later than 1 year after the date of enactment of this
Act; and
(2) shall issue final regulations implementing
the amendments not later than 18 months after the
date of the enactment of this Act.
(c) EFFECTIVE DATE.—Regulations prescribed under
subsection (b) shall apply beginning with model year 2010.
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SEC. 505. ENSURING SAFETY OF AUTOMOBILES.
(a) IN GENERAL.—Subchapter II of chapter 301 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 30129. Vehicle compatibility standard
‘‘(a) STANDARDS.—The Secretary of Transportation
shall issue a motor vehicle safety standard to reduce auto-
mobile incompatibility. The standard shall address charac-
teristics necessary to ensure better management of crash
forces in multiple vehicle frontal and side impact crashes
between different types, sizes, and weights of automobiles
with a gross vehicle weight of 10,000 pounds or less in order
to decrease occupant deaths and injuries.
‘‘(b) CONSUMER INFORMATION.—The Secretary shall
develop and implement a public information side and fron-
tal compatibility crash test program with vehicle ratings
based on risks to occupants, risks to other motorists, and
combined risks by vehicle make and model.’’.
(b) RULEMAKING DEADLINES.—
(1) RULEMAKING.—The Secretary of Transpor-
tation shall issue—
(A) a notice of a proposed rulemaking
under section 30129 of title 49, United States
Code, not later than January 1, 2012; and
(B) a final rule under such section not later
than December 31, 2014.
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(2) EFFECTIVE DATE OF REQUIREMENTS.—Any
requirement imposed under the final rule issued
under paragraph (1) shall become fully effective not
later than September 1, 2018.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 301 is amended by inserting after the item relat-
ing to section 30128 the following:
‘‘30129. Vehicle compatibility standard’’.
SEC. 506. CREDIT TRADING PROGRAM.
Section 32903 of title 49, United States Code, is
amended—
(1) by striking ‘‘passenger’’ each place it ap-
pears;
(2) by striking ‘‘section 32902(b)-(d) of this
title’’ each place it appears and inserting ‘‘subsection
(a), (c), or (d) of section 32902’’;
(3) by striking ‘‘3 consecutive model years’’ in
subsection (a)(2) and inserting ‘‘5 consecutive model
years’’;
(4) in subsection (a)(2), by striking ‘‘clause (1)
of this subsection,’’ and inserting ‘‘paragraph (1)’’;
and
(5) by striking subsection (e) and inserting the
following:
‘‘(e) CREDIT TRADING AMONG MANUFACTURERS.—
The Secretary of Transportation may establish, by regula-
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tion, a corporate average fuel economy credit trading pro-
gram to allow manufacturers whose automobiles exceed the
average fuel economy standards prescribed under section
32902 to earn credits to be sold to manufacturers whose
automobiles fail to achieve the prescribed standards such
that the total oil savings associated with manufacturers that
exceed the prescribed standards are preserved when transfer-
ring credits to manufacturers that fail to achieve the pre-
scribed standards.’’.
SEC. 507. LABELS FOR FUEL ECONOMY AND GREENHOUSE
GAS EMISSIONS.
Section 32908 of title 49, United States Code, is
amended—
(1) by redesignating subparagraph (F) of sub-
section (b)(1) as subparagraph (H) and inserting
after subparagraph (E) the following:
‘‘(F) a label (or a logo imprinted on a label re-
quired by this paragraph) that—
‘‘(i) reflects an automobile’s performance on
the basis of criteria developed by the Adminis-
trator to reflect the fuel economy and greenhouse
gas and other emissions consequences of oper-
ating the automobile over its likely useful life;
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‘‘(ii) permits consumers to compare per-
formance results under clause (i) among all
automobiles; and
‘‘(iii) is designed to encourage the manufac-
ture and sale of automobiles that meet or exceed
applicable fuel economy standards under section
32902.
‘‘(G) a fuelstar under paragraph (5).’’; and
(2) by adding at the end of subsection (b) the fol-
lowing:
‘‘(4) GREEN LABEL PROGRAM.—
‘‘(A) MARKETING ANALYSIS.—Not later than 2
years after the date of the enactment of the Ten-in-
Ten Fuel Economy Act, the Administrator shall im-
plement a consumer education program and execute
marketing strategies to improve consumer under-
standing of automobile performance described in
paragraph (1)(F).
‘‘(B) ELIGIBILITY.—Not later than 3 years after
the date described in subparagraph (A), the Adminis-
trator shall issue requirements for the label or logo re-
quired under paragraph (1)(F) to ensure that an
automobile is not eligible for the label or logo unless
it—
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‘‘(i) meets or exceeds the applicable fuel
economy standard; or
‘‘(ii) will have the lowest greenhouse gas
emissions over the useful life of the vehicle of all
vehicles in the vehicle attribute class to which it
belongs in that model year.
‘‘(5) FUELSTAR PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall establish
a program, to be known as the ‘Fuelstar Program’,
under which stars shall be imprinted on or attached
to the label required by paragraph (1).
‘‘(B) GREEN STARS.—Under the Fuelstar Pro-
gram, a manufacturer may include on the label
maintained on an automobile under paragraph (1)—
‘‘(i) 1 green star for any automobile that
meets the average fuel economy standard for the
model year under section 32902; and
‘‘(ii) 1 additional green star for each 2
miles per gallon by which the automobile exceeds
such standard.
‘‘(C) GOLD
STARS.—Under the Fuelstar Pro-
gram, a manufacturer may include a gold star on the
label maintained on an automobile under paragraph
(1) if the automobile attains a fuel economy of at
least 50 miles per gallon.’’.
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SEC. 508. CONTINUED APPLICABILITY OF EXISTING STAND-
ARDS.
Nothing in this title, or the amendments made by this
title, shall be construed to affect the application of section
32902 of title 49, United States Code, to passenger auto-
mobiles or non-passenger automobiles manufactured before
model year 2011.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) IN GENERAL.—As soon as practicable after the
date of enactment of this Act, the Secretary of Transpor-
tation shall execute an agreement with the National Acad-
emy of Sciences to develop a report evaluating vehicle fuel
economy standards, including—
(1) an assessment of automotive technologies and
costs to reflect developments since the Academy’s 2002
report evaluating the corporate average fuel economy
standards was conducted;
(2) an analysis of existing and potential tech-
nologies that may be used practically to improve
automobile and medium-duty and heavy-duty truck
fuel economy;
(3) an analysis of how such technologies may be
practically integrated into the automotive and me-
dium-duty and heavy-duty truck manufacturing
process; and
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(4) an assessment of how such technologies may
be used to meet the new fuel economy standards under
chapter 329 of title 49, United States Code, as
amended by this title.
(b) QUINQUENNIAL UPDATES.—After submitting the
initial report, the Academy shall update the report at 5
year intervals thereafter through 2025.
(c) REPORT.—The Academy shall submit the report to
the Secretary, the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Com-
mittee on Energy and Commerce, with its findings and rec-
ommendations no later than 18 months after the date on
which the Secretary executes the agreement with the Acad-
emy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTO-
MOBILES.
(a) IN GENERAL.—Section 32917 of title 49, United
States Code, is amended to read as follows:
‘‘§ 32917. Standards for Executive agency automobiles
‘‘(a) FUEL EFFICIENCY.—The head of an Executive
agency shall ensure that each new automobile procured by
the Executive agency is as fuel efficient as practicable.
‘‘(b) DEFINITIONS.—In this section:
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‘‘(1) EXECUTIVE AGENCY.—The term ‘Executive
agency’ has the meaning given that term in section
105 of title 5.
‘‘(2) NEW AUTOMOBILE.—The term ‘new auto-
mobile’, with respect to the fleet of automobiles of an
executive agency, means an automobile that is leased
for at least 60 consecutive days or bought, by or for
the Executive agency, after September 30, 2008. The
term does not include any vehicle designed for com-
bat-related missions, law enforcement work, or emer-
gency rescue work.’’.
(b) REPORT.—The Administrator of the General Serv-
ices Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States
Code, for fiscal year 2009. The Administrator shall submit
the report to Congress no later than December 31, 2009.
SEC. 511. INCREASING CONSUMER AWARENESS OF FLEXI-
BLE FUEL AUTOMOBILES.
Section 32908 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(g) INCREASING CONSUMER AWARENESS OF FLEXI-
BLE FUEL AUTOMOBILES.—(1) The Secretary of Energy,
in consultation with the Secretary of Transportation, shall
prescribe regulations that require the manufacturer of auto-
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mobiles distributed in interstate commerce for sale in the
United States—
‘‘(A) to prominently display a permanent badge
or emblem on the quarter panel or tailgate of each
such automobile that indicates such vehicle is capable
of operating on alternative fuel; and
‘‘(B) to include information in the owner’s man-
ual of each such automobile information that
describes—
‘‘(i) the capability of the automobile to op-
erate using alternative fuel;
‘‘(ii) the benefits of using alternative fuel,
including the renewable nature, and the environ-
mental benefits of using alternative fuel; and
‘‘(C) to contain a fuel tank cap that is clearly
labeled to inform consumers that the automobile is ca-
pable of operating on alternative fuel.
‘‘(2) The Secretary of Transportation shall collaborate
with automobile retailers to develop voluntary methods for
providing prospective purchasers of automobiles with infor-
mation regarding the benefits of using alternative fuel in
automobiles, including—
‘‘(A) the renewable nature of alternative fuel;
and
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‘‘(B) the environmental benefits of using alter-
native fuel.’’.
SEC. 512. PERIODIC REVIEW OF ACCURACY OF FUEL ECON-
OMY LABELING PROCEDURES.
Beginning in December, 2009, and not less often than
every 5 years thereafter, the Administrator of the Environ-
mental Protection Agency, in consultation with the Sec-
retary of Transportation, shall—
(1) reevaluate the fuel economy labeling proce-
dures described in the final rule published in the Fed-
eral Register on December 27, 2006 (71 Fed. Reg.
77,872; 40 C.F.R. parts 86 and 600) to determine
whether changes in the factors used to establish the la-
beling procedures warrant a revision of that process;
and
(2) submit a report to the Senate Committee on
Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and
Commerce that describes the results of the reevalua-
tion process.
SEC. 513. TIRE FUEL EFFICIENCY CONSUMER INFORMA-
TION.
(a) IN GENERAL.—Chapter 301 of title 49, United
States Code, is amended by inserting after section 30123
the following new section:
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‘‘§ 30123A. Tire fuel efficiency consumer information
‘‘(a) RULEMAKING.—
‘‘(1) IN GENERAL.—Not later than 18 months
after the date of enactment of the Ten-in-Ten Fuel
Economy Act, the Secretary of Transportation shall,
after notice and opportunity for comment, promulgate
rules establishing a national tire fuel efficiency con-
sumer information program for tires designed for use
on motor vehicles to educate consumers about the ef-
fect of tires on automobile fuel efficiency.
‘‘(2) ITEMS
INCLUDED
IN
RULE.—The rule-
making shall include—
‘‘(A) a national tire fuel efficiency rating
system for motor vehicle tires to assist consumers
in making more educated tire purchasing deci-
sions;
‘‘(B) requirements for providing informa-
tion to consumers, including information at the
point of sale and other potential information
dissemination methods, including the Internet;
‘‘(C) specifications for test methods for
manufacturers to use in assessing and rating
tires to avoid variation among test equipment
and manufacturers; and
‘‘(D) a national tire maintenance consumer
education program including, information on
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tire inflation pressure, alignment, rotation, and
tread wear to maximize fuel efficiency.
‘‘(3) APPLICABILITY.—This section shall not
apply to tires excluded from coverage under section
575.104(c)(2) of title 49, Code of Federal Regulations,
as in effect on date of enactment of the Ten-in-Ten
Fuel Economy Act.
‘‘(b) CONSULTATION.—The Secretary shall consult
with the Secretary of Energy and the Administrator of the
Environmental Protection Agency on the means of con-
veying tire fuel efficiency consumer information.
‘‘(c) REPORT TO CONGRESS.—The Secretary shall con-
duct periodic assessments of the rules promulgated under
this section to determine the utility of such rules to con-
sumers, the level of cooperation by industry, and the con-
tribution to national goals pertaining to energy consump-
tion. The Secretary shall transmit periodic reports detail-
ing the findings of such assessments to the Senate Com-
mittee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Com-
merce.
‘‘(d) TIRE MARKING.—The Secretary shall not require
permanent labeling of any kind on a tire for the purpose
of tire fuel efficiency information.
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‘‘(e) PREEMPTION.—When a requirement under this
section is in effect, a State or political subdivision of a
State may adopt or enforce a law or regulation on tire fuel
efficiency consumer information only if the law or regula-
tion is identical to that requirement. Nothing in this section
shall be construed to preempt a State or political subdivi-
sion of a State from regulating the fuel efficiency of tires
not otherwise preempted under this chapter.’’.
(b) ENFORCEMENT.—Section 30165(a) of title 49,
United States Code, is amended by adding at the end the
following:
‘‘(4) SECTION 30123a.—Any person who fails to
comply with the national tire fuel efficiency consumer
information program under section 30123A is liable
to the United States Government for a civil penalty
of not more than $50,000 for each violation.’’.
(c) Conforming Amendment.—The chapter analysis
for chapter 301 of title 49, United States Code, is amended
by inserting after the item relating to section 30123 the fol-
lowing:
‘‘30123A. Tire fuel efficiency consumer information’’.
SEC. 514. ADVANCED BATTERY INITIATIVE.
(a) IN GENERAL.—The Secretary of Energy, in con-
sultation with the Secretary of Transportation, shall estab-
lish and carry out an Advanced Battery Initiative in ac-
cordance with this section to support research, development,
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demonstration, and commercial application of battery tech-
nologies.
(b) INDUSTRY ALLIANCE.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall
competitively select an Industry Alliance to represent par-
ticipants who are private, for-profit firms headquartered in
the United States, the primary business of which is the
manufacturing of batteries.
(c) RESEARCH.—
(1) GRANTS.—The Secretary shall carry out re-
search activities of the Initiative through competi-
tively-awarded grants to—
(A) researchers, including Industry Alliance
participants;
(B) small businesses;
(C) National Laboratories; and
(D) institutions of higher education.
(2) INDUSTRY ALLIANCE.—The Secretary shall
annually solicit from the Industry Alliance—
(A) comments to identify advanced battery
technology and battery systems needs relevant
to—
(i) electric drive technology; and
(ii) other applications the Secretary
deems appropriate;
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(B) an assessment of the progress of re-
search activities of the Initiative; and
(C) assistance in annually updating ad-
vanced battery technology and battery systems
roadmaps.
(d) AVAILABILITY TO THE PUBLIC.—The information
and roadmaps developed under this section shall be avail-
able to the public.
(e) PREFERENCE.—In making awards under this sub-
section, the Secretary shall give preference to participants
in the Industry Alliance.
(f) COST SHARING.—In carrying out this section, the
Secretary shall require cost sharing in accordance with sec-
tion 120(b) of title 23, United States Code.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of fiscal years 2008
through 2012.
SEC. 515. BIODIESEL STANDARDS.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Administrator of the En-
vironmental Protection Agency, in consultation with the
Secretary of Transportation and the Secretary of Energy,
shall promulgate regulations to ensure that all diesel-equiv-
alent fuels derived from renewable biomass that are intro-
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duced into interstate commerce are tested and certified to
comply with appropriate American Society for Testing and
Materials standards.
(b) DEFINITIONS.—In this section:
(1) BIODIESEL.—
(A) IN
GENERAL.—The term ‘‘biodiesel’’
means the monoalkyl esters of long chain fatty
acids derived from plant or animal matter that
meet—
(i) the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under
section 211 of the Clean Air Act (42 U.S.C.
7545); and
(ii) the requirements of the American
Society of Testing and Materials D6751.
(B) INCLUSIONS.—The term ‘‘biodiesel’’ in-
cludes esters described in subparagraph (A) de-
rived from—
(i) animal waste, including poultry
fat, poultry waste, and other waste mate-
rial; and
(ii) municipal solid waste, sludge, and
oil derived from wastewater or the treat-
ment of wastewater.
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(2) BIODIESEL
BLEND.—The term ‘‘biodiesel
blend’’ means a mixture of biodiesel and diesel fuel,
including—
(A) a blend of biodiesel and diesel fuel ap-
proximately 5 percent of the content of which is
biodiesel (commonly known as ‘‘B5’’); and
(B) a blend of biodiesel and diesel fuel ap-
proximately 20 percent of the content of which is
biodiesel (commonly known as ‘‘B20’’).
SEC. 516. USE OF CIVIL PENALTIES FOR RESEARCH AND DE-
VELOPMENT.
Section 32912 of title 49, United States Code, is
amended by adding at the end thereof the following:
‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 2008
and each fiscal year thereafter, from the total amount de-
posited in the general fund of the Treasury during the pre-
ceding fiscal year from fines, penalties, and other funds ob-
tained through enforcement actions conducted pursuant to
this section (including funds obtained under consent de-
crees), the Secretary of the Treasury, subject to the avail-
ability of appropriations, shall—
‘‘(1) transfer 50 percent of such total amount to
the account providing appropriations to the Secretary
of Transportation for the administration of this chap-
ter, which shall be used by the Secretary to carry out
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a program of research and development into fuel sav-
ing automotive technologies and to support rule-
making under this chapter; and
‘‘(2) transfer 50 percent of such total amount to
the Energy Security Fund established by section
517(a) of the Ten-in-Ten Fuel Economy Act.’’.
SEC. 517. ENERGY SECURITY FUND AND ALTERNATIVE
FUEL GRANT PROGRAM.
(a) ESTABLISHMENT OF FUND.—
(1) IN GENERAL.—There is established in the
Treasury a fund, to be known as the ‘‘Energy Secu-
rity Fund’’ (referred to in this section as the
‘‘Fund’’), consisting of—
(A) amounts transferred to the Fund under
section 32912(e)(2) of title 49, United States
Code; and
(B) amounts credited to the Fund under
paragraph (2)(C).
(2) INVESTMENT OF AMOUNTS.—
(A) IN
GENERAL.—The Secretary of the
Treasury shall invest in interest-bearing obliga-
tions of the United States such portion of the
Fund as is not, in the judgment of the Secretary
of the Treasury, required to meet current with-
drawals.
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(B) SALE
OF
OBLIGATIONS.—Any obliga-
tion acquired by the Fund may be sold by the
Secretary of the Treasury at the market price.
(C) CREDITS TO FUND.—The interest on,
and the proceeds from the sale or redemption of,
any obligations held in the Fund shall be cred-
ited to, and form a part of, the Fund in accord-
ance with section 9602 of the Internal Revenue
Code of 1986.
(3) USE OF AMOUNTS IN FUND.—Amounts in the
Fund shall be made available to the Secretary of En-
ergy, subject to the availability of appropriations, to
carry out the grant program under subsection (b).
(b) ALTERNATIVE FUELS GRANT PROGRAM.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Secretary of En-
ergy, acting through the Clean Cities Program of the
Department of Energy, shall establish and carry out
a program under which the Secretary shall provide
grants to expand the availability to consumers of al-
ternative fuels (as defined in section 32901(a) of title
49, United States Code).
(2) ELIGIBILITY.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), any entity that is eligible to
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receive assistance under the Clean Cities Pro-
gram shall be eligible to receive a grant under
this subsection.
(B) EXCEPTIONS.—
(i) CERTAIN OIL COMPANIES.—A large,
vertically-integrated oil company shall not
be eligible to receive a grant under this sub-
section.
(ii) PROHIBITION
OF
DUAL
BENE-
FITS.—An entity that receives any other
Federal funds for the construction or expan-
sion of alternative refueling infrastructure
shall not be eligible to receive a grant under
this subsection for the construction or ex-
pansion of the same alternative refueling
infrastructure.
(C) ENSURING
COMPLIANCE.—Not later
than 30 days after the date of enactment of this
Act, the Secretary of Energy shall promulgate
regulations to ensure that, before receiving a
grant under this subsection, an eligible entity
meets applicable standards relating to the instal-
lation, construction, and expansion of infrastruc-
ture necessary to increase the availability to con-
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sumers of alternative fuels (as defined in section
32901(a) of title 49, United States Code).
(3) MAXIMUM AMOUNT.—
(A) GRANTS.—The amount of a grant pro-
vided under this subsection shall not exceed
$30,000.
(B) AMOUNT PER STATION.—An eligible en-
tity shall receive not more than $90,000 under
this subsection for any station of the eligible en-
tity during a fiscal year.
(4) USE OF FUNDS.—
(A) IN GENERAL.—A grant provided under
this subsection shall be used for the construction
or expansion of alternative fueling infrastruc-
ture.
(B) ADMINISTRATIVE EXPENSES.—Not more
than 3 percent of the amount of a grant provided
under this subsection shall be used for adminis-
trative expenses.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Sec-
retary of Transportation $25,000,000 for each of fiscal
years 2009 through 2021 to carry out the provisions of
chapter 329 of title 49, United States Code.
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SEC. 519. APPLICATION WITH CLEAN AIR ACT.
Nothing in this title shall be construed to conflict with
the authority provided by sections 202 and 209 of the Clean
Air Act (42 U.S.C. 7521 and 7543, respectively).
SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION PLAN.
(a) IN GENERAL.—The Secretary of Transportation
shall, establish and implement an action plan which takes
into consideration the availability and cost effectiveness of
alternative fuels, which will ensure that, beginning with
model year 2015, the percentage of new automobiles for sale
in the United States that are alternative fuel automobiles
is not less than 50 percent.
(b) DEFINITIONS.—In this section:
(1) ALTERNATIVE FUEL AUTOMOBILE.—The term
‘‘alternative fuel automobile’’ means the following but
not limited to—
(A) a new advanced lean burn technology
motor vehicle (as defined in section 30B(c)(3) of
the Internal Revenue Code of 1986) that achieves
at least 125 percent of the model year 2002 city
fuel economy;
(B) an alternative fueled automobile;
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle
(as defined in section 30B(e)(4) of such Code).
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(E) a new qualified hybrid motor vehicle
(as defined in section 30B(d)(3) of such Code);
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine
automobile; and
(I) any other automobile that uses substan-
tially new technology and achieves at least 175
percent of the model year 2002 city fuel econ-
omy, as determined by the Secretary of Trans-
portation, by regulation.
(2) OTHER TERMS.—Any term used in this sec-
tion that is defined in section 32901 of title 49,
United States Code, has the meaning given that term
in that section.
SEC. 521. STUDY OF THE ADEQUACY OF TRANSPORTATION
OF DOMESTICALLY-PRODUCED RENEWABLE
FUEL BY RAILROADS AND OTHER MODES OF
TRANSPORTATION.
(a) STUDY.—
(1) IN GENERAL.—The Secretary of Transpor-
tation and the Secretary of Energy shall jointly con-
duct a study of the adequacy of transportation of do-
mestically-produced renewable fuels by railroad and
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other modes of transportation as designated by the
Secretaries.
(2) COMPONENTS.—In conducting the study
under paragraph (1), the Secretaries shall—
(A) consider the adequacy of existing rail-
road and other transportation infrastructure,
equipment, service and capacity to move the nec-
essary quantities of domestically-produced re-
newable fuel within the timeframes required by
section 111;
(B)(i) consider the projected costs of moving
the domestically-produced renewable fuel by rail-
road and other modes transportation; and
(ii) consider the impact of the projected
costs on the marketability of the domestically-
produced renewable fuel;
(C) identify current and potential impedi-
ments to the reliable transportation of adequate
supplies of domestically-produced renewable fuel
at reasonable prices, including practices cur-
rently utilized by domestic producers, shippers,
and receivers of renewable fuels;
(D) consider whether inadequate competi-
tion exists within and between modes of trans-
portation for the transportation of domestically-
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produced renewable fuel and, if such inadequate
competition exists, whether such inadequate com-
petition leads to an unfair price for the trans-
portation of domestically-produced renewable
fuel or unacceptable service for transportation of
domestically-produced renewable fuel;
(E) consider whether Federal agencies have
adequate legal authority to address instances of
inadequate competition when inadequate com-
petition is found to prevent domestic producers
for renewable fuels from obtaining a fair and
reasonable transportation price or acceptable
service for the transportation of domestically-
produced renewable fuels;
(F) consider whether Federal agencies have
adequate legal authority to address railroad and
transportation service problems that may be re-
sulting in inadequate supplies of domestically-
produced renewable fuel in any area of the
United States;
(G) consider what transportation infra-
structure capital expenditures may be necessary
to ensure the reliable transportation of adequate
supplies of domestically-produced renewable fuel
at reasonable prices within the United States
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and which public and private entities should be
responsible for making such expenditures; and
(K) provide recommendations on ways to
facilitate the reliable transportation of adequate
supplies of domestically-produced renewable fuel
at reasonable prices.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretaries shall jointly submit
to the Committee on Commerce, Science and Transpor-
tation, the Committee on Energy and Natural Resources,
and the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and In-
frastructure and the Committee on Energy and Commerce
of the House of Representatives a report that describes the
results of the study conducted under subsection (a).
TITLE VI—PRICE GOUGING
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Petroleum Consumer
Price Gouging Protection Act’’.
SEC. 602. DEFINITIONS.
In this title:
(1) AFFECTED AREA.—The term ‘‘affected area’’
means an area covered by a Presidential declaration
of energy emergency.
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(2) SUPPLIER.—The term ‘‘supplier’’ means any
person engaged in the trade or business of selling or
reselling, at retail or wholesale, or distributing crude
oil, gasoline, or petroleum distillates.
(3) PRICE GOUGING.—The term ‘‘price gouging’’
means the charging of an unconscionably excessive
price by a supplier in an affected area.
(4) UNCONSCIONABLY
EXCESSIVE
PRICE.—The
term ‘‘unconscionably excessive price’’ means an aver-
age price charged during an energy emergency de-
clared by the President in an area and for a product
subject to the declaration, that—
(A)(i)(I) constitutes a gross disparity from
the average price at which it was offered for sale
in the usual course of the supplier’s business dur-
ing the 30 days prior to the President’s declara-
tion of an energy emergency; and
(II) grossly exceeds the prices at which the
same or similar crude oil gasoline or petroleum
distillate was readily obtainable by purchasers
from other suppliers in the same relevant geo-
graphic market within the affected area; or
(ii) represents an exercise of unfair leverage
or unconscionable means on the part of the sup-
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plier, during a period of declared energy emer-
gency; and
(B) is not attributable to increased whole-
sale or operational costs, including replacement
costs, outside the control of the supplier, incurred
in connection with the sale of crude oil, gasoline,
or petroleum distillates; and is not attributable
to local, regional, national, or international
market conditions.
(5) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Federal Trade Commission.
SEC. 603. PROHIBITION ON PRICE GOUGING DURING EN-
ERGY EMERGENCIES.
(a) IN GENERAL.—During any energy emergency de-
clared by the President under section 606 of this Act, it
is unlawful for any supplier to sell, or offer to sell crude
oil, gasoline or petroleum distillates subject to that declara-
tion in, or for use in, the area to which that declaration
applies at an unconscionably excessive price.
(b) FACTORS CONSIDERED.—In determining whether
a violation of subsection (a) has occurred, there shall be
taken into account, among other factors, whether—
(1) the price charged was a price that would rea-
sonably exist in a competitive and freely functioning
market; and
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(2) the amount of gasoline or other petroleum
distillate the seller produced, distributed, or sold dur-
ing the period the Proclamation was in effect in-
creased over the average amount during the preceding
30 days.
SEC. 604. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly,
to use or employ, in connection with the purchase or sale
of crude oil gasoline or petroleum distillates at wholesale,
any manipulative or deceptive device or contrivance, in
contravention of such rules and regulations as the Commis-
sion may prescribe as necessary or appropriate in the pub-
lic interest or for the protection of United States citizens.
SEC. 605. PROHIBITION ON FALSE INFORMATION.
(a) IN GENERAL.—It is unlawful for any person to
report information related to the wholesale price of crude
oil gasoline or petroleum distillates to a Federal department
or agency if—
(1) that person knew, or reasonably should have
known, the information to be false or misleading;
(2) the information was required by law to be re-
ported; and
(3) the person intended the false or misleading
data to affect data compiled by the department or
agency for statistical or analytical purposes with re-
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spect to the market for crude oil, gasoline, or petro-
leum distillates.
SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMER-
GENCY.
(a) IN GENERAL.—If the President finds that the
health, safety, welfare, or economic well-being of the citizens
of the United States is at risk because of a shortage or im-
minent shortage of adequate supplies of crude oil, gasoline
or petroleum distillates due to a disruption in the national
distribution system for crude oil, gasoline or petroleum dis-
tillates (including such a shortage related to a major dis-
aster (as defined in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2))), or significant pricing anomalies in national en-
ergy markets for crude oil, gasoline, or petroleum distillates,
the President may declare that a Federal energy emergency
exists.
(b) SCOPE AND DURATION.—The emergency declara-
tion shall specify—
(1) the period, not to exceed 30 days, for which
the declaration applies;
(2) the circumstance or condition necessitating
the declaration; and
(3) the area or region to which it applies which
may not be limited to a single State; and
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(4) the product or products to which it applies.
(c) EXTENSIONS.—The President may—
(1) extend a declaration under subsection (a) for
a period of not more than 30 days;
(2) extend such a declaration more than once;
and
(3) discontinue such a declaration before its ex-
piration.
SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION.
(a) ENFORCEMENT.—This title shall be enforced by the
Federal Trade Commission in the same manner, by the
same means, and with the same jurisdiction as though all
applicable terms of the Federal Trade Commission Act were
incorporated into and made a part of this title. In enforcing
section 603 of this Act, the Commission shall give priority
to enforcement actions concerning companies with total
United States wholesale or retail sales of crude oil, gasoline,
and petroleum distillates in excess of $500,000,000 per year
but shall not exclude enforcement actions against companies
with total United States wholesale sales of $500,000,000 or
less per year.
(b) VIOLATION IS TREATED AS UNFAIR OR DECEPTIVE
ACT OR PRACTICE.—The violation of any provision of this
title shall be treated as an unfair or deceptive act or prac-
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tice proscribed under a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(c) COMMISSION ACTIONS.—Following the declaration
of an energy emergency by the President under section 606
of this Act, the Commission shall—
(1) maintain within the Commission—
(A) a toll-free hotline that a consumer may
call to report an incident of price gouging in the
affected area; and
(B) a program to develop and distribute to
the public informational materials to assist resi-
dents of the affected area in detecting, avoiding,
and reporting price gouging;
(2) consult with the Attorney General, the
United States Attorney for the districts in which a
disaster occurred (if the declaration is related to a
major disaster), and State and local law enforcement
officials to determine whether any supplier in the af-
fected area is charging or has charged an unconscion-
ably excessive price for crude oil, gasoline, or petro-
leum distillates in the affected area; and
(3) conduct investigations as appropriate to de-
termine whether any supplier in the affected area has
violated section 603 of this Act, and upon such find-
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ing, take any action the Commission determines to be
appropriate to remedy the violation.
SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) IN GENERAL.—A State, as parens patriae, may
bring a civil action on behalf of its residents in an appro-
priate district court of the United States to enforce the pro-
visions of section 603 of this Act, or to impose the civil
penalties authorized by section 609 for violations of section
603, whenever the attorney general of the State has reason
to believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a sup-
plier engaged in the sale or resale, at retail or wholesale,
or distribution of crude oil, gasoline or petroleum distillates
in violation of section 603 of this Act.
(b) NOTICE.—The State shall serve written notice to
the Commission of any civil action under subsection (a)
prior to initiating the action. The notice shall include a
copy of the complaint to be filed to initiate the civil action,
except that if it is not feasible for the State to provide such
prior notice, the State shall provide such notice imme-
diately upon instituting the civil action.
(c) AUTHORITY TO INTERVENE.—Upon receiving the
notice required by subsection (b), the Commission may in-
tervene in the civil action and, upon intervening—
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(1) may be heard on all matters arising in such
civil action; and
(2) may file petitions for appeal of a decision in
such civil action.
(d) CONSTRUCTION.—For purposes of bringing any
civil action under subsection (a), nothing in this section
shall prevent the attorney general of a State from exercising
the powers conferred on the Attorney General by the laws
of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of wit-
nesses or the production of documentary and other evidence.
(e) VENUE; SERVICE OF PROCESS.—In a civil action
brought under subsection (a)—
(1) the venue shall be a judicial district in
which—
(A) the defendant operates;
(B) the defendant was authorized to do
business; or
(C) where the defendant in the civil action
is found;
(2) process may be served without regard to the
territorial limits of the district or of the State in
which the civil action is instituted; and
(3) a person who participated with the defendant
in an alleged violation that is being litigated in the
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civil action may be joined in the civil action without
regard to the residence of the person.
(f) LIMITATION ON STATE ACTION WHILE FEDERAL
ACTION IS PENDING.—If the Commission has instituted a
civil action or an administrative action for violation of this
title, a State attorney general, or official or agency of a
State, may not bring an action under this section during
the pendency of that action against any defendant named
in the complaint of the Commission or the other agency for
any violation of this title alleged in the Commission’s civil
or administrative action.
(g) NO PREEMPTION.—Nothing contained in this sec-
tion shall prohibit an authorized State official from pro-
ceeding in State court to enforce a civil or criminal statute
of that State.
SEC. 609. PENALTIES.
(a) CIVIL PENALTY.—
(1) IN GENERAL.—In addition to any penalty
applicable under the Federal Trade Commission Act,
any supplier—
(A) that violates section 604 or section 605
of this Act is punishable by a civil penalty of not
more than $1,000,000; and
(B) that violates section 603 of this Act is
punishable by a civil penalty of—
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(i) not more than $500,000, in the case
of an independent small business marketer
of gasoline (within the meaning of section
324(c) of the Clean Air Act (42 U.S.C.
7625(c))); and
(ii) not more than $5,000,000 in the
case of any other supplier.
(2) METHOD.—The penalties provided by para-
graph (1) shall be obtained in the same manner as
civil penalties imposed under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45).
(3) MULTIPLE
OFFENSES; 
MITIGATING
FAC-
TORS.—In assessing the penalty provided by sub-
section (a)—
(A) each day of a continuing violation shall
be considered a separate violation; and
(B) the court shall take into consideration,
among other factors, the seriousness of the viola-
tion and the efforts of the person committing the
violation to remedy the harm caused by the vio-
lation in a timely manner.
(b) CRIMINAL PENALTY.—Violation of section 603 of
this Act is punishable by a fine of not more than
$5,000,000, imprisonment for not more than 5 years, or
both.
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SEC. 610. EFFECT ON OTHER LAWS.
(a) OTHER AUTHORITY OF THE COMMISSION.—Noth-
ing in this title shall be construed to limit or affect in any
way the Commission’s authority to bring enforcement ac-
tions or take any other measure under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) or any other provi-
sion of law.
(b) STATE LAW.—Nothing in this title preempts any
State law.
TITLE VII—ENERGY DIPLOMACY
AND SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Energy Diplomacy and
Security Act of 2007’’.
SEC. 702. DEFINITIONS.
In this title:
(1) MAJOR
ENERGY
PRODUCER.—The term
‘‘major energy producer’’ means a country that—
(A) had crude oil, oil sands, or natural gas
to liquids production of 1,000,000 barrels per
day or greater average in the previous year;
(B) has crude oil, shale oil, or oil sands re-
serves of 6,000,000,000 barrels or greater, as rec-
ognized by the Department of Energy;
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(C) 
had 
natural 
gas 
production 
of
30,000,000,000 cubic meters or greater in the
previous year;
(D) 
has 
natural 
gas 
reserves 
of
1,250,000,000,000 cubic meters or greater, as rec-
ognized by the Department of Energy; or
(E) is a direct supplier of natural gas or
liquefied natural gas to the United States.
(2) MAJOR
ENERGY
CONSUMER.—The term
‘‘major energy consumer’’ means a country that—
(A) had an oil consumption average of
1,000,000 barrels per day or greater in the pre-
vious year;
(B) had an oil consumption growth rate of
8 percent or greater in the previous year;
(C) had a natural gas consumption of
30,000,000,000 cubic meters or greater in the
previous year; or
(D) had a natural gas consumption growth
rate of 15 percent or greater in the previous
year.
SEC. 703. SENSE OF CONGRESS ON ENERGY DIPLOMACY
AND SECURITY.
(a) FINDINGS.—Congress makes the following findings:
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(1) It is imperative to the national security and
prosperity of the United States to have reliable, af-
fordable, clean, sufficient, and sustainable sources of
energy.
(2) United States dependence on oil imports
causes tremendous costs to the United States national
security, economy, foreign policy, military, and envi-
ronmental sustainability.
(3) Energy security is a priority for the govern-
ments of many foreign countries and increasingly
plays a central role in the relations of the United
States Government with foreign governments. Global
reserves of oil and natural gas are concentrated in a
small number of countries. Access to these oil and
natural gas supplies depends on the political will of
these producing states. Competition between govern-
ments for access to oil and natural gas reserves can
lead to economic, political, and armed conflict. Oil
exporting states have received dramatically increased
revenues due to high global prices, enhancing the abil-
ity of some of these states to act in a manner threat-
ening to global stability.
(4) Efforts to combat poverty and protect the en-
vironment are hindered by the continued predomi-
nance of oil and natural gas in meeting global energy
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needs. Development of renewable energy through sus-
tainable practices will help lead to a reduction in
greenhouse gas emissions and enhance international
development.
(5) Cooperation on energy issues between the
United States Government and the governments of
foreign countries is critical for securing the strategic
and economic interests of the United States and of
partner governments. In the current global energy sit-
uation, the energy policies and activities of the gov-
ernments of foreign countries can have dramatic im-
pacts on United States energy security.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) United States national security requires that
the United States Government have an energy policy
that pursues the strategic goal of achieving energy se-
curity through access to clean, affordable, sufficient,
reliable, and sustainable sources of energy;
(2) achieving energy security is a priority for
United States foreign policy and requires continued
and enhanced engagement with foreign governments
and entities in a variety of areas, including activities
relating to the promotion of alternative and renewable
fuels, trade and investment in oil, coal, and natural
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gas, energy efficiency, climate and environmental pro-
tection, data transparency, advanced scientific re-
search, public-private partnerships, and energy ac-
tivities in international development;
(3) the President should ensure that the inter-
national energy activities of the United States Gov-
ernment are given clear focus to support the national
security needs of the United States, and to this end,
there should be established a mechanism to coordinate
the implementation of United States international en-
ergy policy among the Federal agencies engaged in
relevant agreements and activities; and
(4) the Secretary of State should ensure that en-
ergy security is integrated into the core mission of the
Department of State, and to this end, there should be
established within the Office of the Secretary of State
a Coordinator for International Energy Affairs with
responsibility for—
(A) developing United States international
energy policy in coordination with the Depart-
ment of Energy and other relevant Federal agen-
cies;
(B) working with appropriate United
States Government officials to develop and up-
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date analyses of the national security implica-
tions of global energy developments;
(C) incorporating energy security priorities
into the activities of the Department;
(D) coordinating activities with relevant
Federal agencies; and
(E) coordinating energy security and other
relevant functions currently undertaken by of-
fices within the Bureau of Economic, Business,
and Agricultural Affairs, the Bureau of Democ-
racy and Global Affairs, and other offices within
the Department of State.
(5) the Department of Energy should be des-
ignated as the lead United States Government agency
in charge of formulating and coordinating the na-
tional energy security policy of the United States,
and in furtherance of these goals, there should be es-
tablished within the Department of Energy an Assist-
ant Secretary of Energy for Energy Security whose
responsibilities should include—
(A) directing the development of the na-
tional energy security strategy of the United
States;
(B) coordinating the national energy secu-
rity policy of the United States with the Depart-
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ment of Defense, the Department of State, and
the National Security Council, as appropriate,
to address the impact of, and integrate national
security and foreign policy on, the national en-
ergy security policy of the United States;
(C) monitoring international and domestic
energy developments to gauge their impact on the
national energy security policy of the United
States and implementing changes in such policy
as necessary to maintain the national security
and energy security of the United States;
(D) identifying foreign sources of energy
critical to the national energy security of the
United States and developing strategies in con-
junction with the Department of State for ensur-
ing United States access to critical foreign en-
ergy resources;
(E) developing strategies for reducing
United States dependence on foreign sources of
energy, including demand reduction, efficiency
improvement, and development of alternative
and new sources of domestic energy; and
(F) developing strategies in conjunction
with the Department of State for working with
major international producers and consumers,
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including China, Russia, the European Union,
and Africa, to minimize politicization of global
energy resources while ensuring access through
global energy markets.
SEC. 704. STRATEGIC ENERGY PARTNERSHIPS.
(a) FINDINGS.—Congress makes the following findings:
(1) United States Government partnership with
foreign governments and entities, including partner-
ship with the private sector, for securing reliable and
sustainable energy is imperative to ensuring United
States security and economic interests, promoting
international peace and security, expanding inter-
national development, supporting democratic reform,
fostering economic growth, and safeguarding the envi-
ronment.
(2) Democracy and freedom should be promoted
globally by partnership with foreign governments, in-
cluding in particular governments of emerging democ-
racies such as those of Ukraine and Georgia, in their
efforts to reduce their dependency on oil and natural
gas imports.
(3) The United States Government and the gov-
ernments of foreign countries have common needs for
adequate, reliable, affordable, clean, and sustainable
energy in order to ensure national security, economic
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growth, and high standards of living in their coun-
tries. Cooperation by the United States Government
with foreign governments on meeting energy security
needs is mutually beneficial. United States Govern-
ment partnership with foreign governments should in-
clude cooperation with major energy consuming coun-
tries, major energy producing countries, and other
governments seeking to advance global energy security
through reliable and sustainable means.
(4) The United States Government participates
in hundreds of bilateral and multilateral energy
agreements and activities with foreign governments
and entities. These agreements and activities should
reflect the strategic need for energy security.
(b) STATEMENT OF POLICY.—It is the policy of the
United States—
(1) to advance global energy security through co-
operation with foreign governments and entities;
(2) to promote reliable, diverse, and sustainable
sources of all types of energy;
(3) to increase global availability of renewable
and clean sources of energy;
(4) to decrease global dependence on oil and nat-
ural gas energy sources; and
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(5) to engage in energy cooperation to strengthen
strategic partnerships that advance peace, security,
and democratic prosperity.
(c) AUTHORITY.—The Secretary of State, in coordina-
tion with the Secretary of Energy, should immediately seek
to establish and expand strategic energy partnerships with
the governments of major energy producers and major en-
ergy consumers, and with governments of other countries
(but excluding any countries that are ineligible to receive
United States economic or military assistance).
(d) PURPOSES.—The purposes of the strategic energy
partnerships established pursuant to subsection (c) are—
(1) to strengthen global relationships to promote
international peace and security through fostering co-
operation in the energy sector on a mutually bene-
ficial basis in accordance with respective national en-
ergy policies;
(2) to promote the policy set forth in subsection
(b), including activities to advance—
(A) the mutual understanding of each coun-
try’s energy needs, priorities, and policies, in-
cluding interparliamentary understanding;
(B) measures to respond to acute energy
supply disruptions, particularly in regard to pe-
troleum and natural gas resources;
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(C) long-term reliability and sustainability
in energy supply;
(D) the safeguarding and safe handling of
nuclear fuel;
(E) human and environmental protection;
(F) renewable energy production;
(G) access to reliable and affordable energy
for underdeveloped areas, in particular energy
access for the poor;
(H) appropriate commercial cooperation;
(I) information reliability and trans-
parency; and
(J) research and training collaboration;
(3) to advance the national security priority of
developing sustainable and clean energy sources, in-
cluding through research and development related to,
and deployment of—
(A) renewable electrical energy sources, in-
cluding biomass, wind, and solar;
(B) renewable transportation fuels, includ-
ing biofuels;
(C) clean coal technologies;
(D) carbon sequestration, including in con-
junction with power generation, agriculture, and
forestry; and
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(E) energy and fuel efficiency, including
hybrids and plug-in hybrids, flexible fuel, ad-
vanced composites, hydrogen, and other transpor-
tation technologies; and
(4) to provide strategic focus for current and fu-
ture United States Government activities in energy
cooperation to meet the global need for energy secu-
rity.
(e) DETERMINATION OF AGENDAS.—In general, the
specific agenda with respect to a particular strategic energy
partnership, and the Federal agencies designated to imple-
ment related activities, shall be determined by the Secretary
of State and the Secretary of Energy.
(f) USE OF CURRENT AGREEMENTS TO ESTABLISH
PARTNERSHIPS.—Some or all of the purposes of the stra-
tegic energy partnerships established under subsection (c)
may be pursued through existing bilateral or multilateral
agreements and activities. Such agreements and activities
shall be subject to the reporting requirements in subsection
(g).
(g) REPORTS REQUIRED.—
(1) INITIAL PROGRESS REPORT.—Not later than
180 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate
congressional committees a report on progress made
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in developing the strategic energy partnerships au-
thorized under this section.
(2) ANNUAL PROGRESS REPORTS.—
(A) IN GENERAL.—Not later than one year
after the date of the enactment of this Act, and
annually thereafter for 20 years, the Secretary of
State shall submit to the appropriate congres-
sional committees an annual report on agree-
ments entered into and activities undertaken
pursuant to this section, including international
environment activities.
(B) 
CONTENT.—Each 
report 
submitted
under this paragraph shall include details on—
(i) agreements and activities pursued
by the United States Government with for-
eign governments and entities, the imple-
mentation plans for such agreements and
progress measurement benchmarks, United
States Government resources used in pur-
suit of such agreements and activities, and
legislative changes recommended for im-
proved partnership; and
(ii) polices and actions in the energy
sector of partnership countries pertinent to
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United States economic, security, and envi-
ronmental interests.
SEC. 705. INTERNATIONAL ENERGY CRISIS RESPONSE
MECHANISMS.
(a) FINDINGS.—Congress makes the following findings:
(1) Cooperation between the United States Gov-
ernment and governments of other countries during
energy crises promotes the national security of the
United States.
(2) The participation of the United States in the
International Energy Program established under the
Agreement on an International Energy Program,
done at Paris November 18, 1974 (27 UST 1685), in-
cluding in the coordination of national strategic pe-
troleum reserves, is a national security asset that—
(A) protects the consumers and the economy
of the United States in the event of a major dis-
ruption in petroleum supply;
(B) maximizes the effectiveness of the
United States strategic petroleum reserve through
cooperation in accessing global reserves of var-
ious petroleum products;
(C) provides market reassurance in coun-
tries that are members of the International En-
ergy Program; and
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(D) strengthens United States Government
relationships with members of the International
Energy Program.
(3) The International Energy Agency projects
that the largest growth in demand for petroleum
products, other than demand from the United States,
will come from China and India, which are not mem-
bers of the International Energy Program. The Gov-
ernments of China and India vigorously pursue access
to global oil reserves and are attempting to develop
national petroleum reserves. Participation of the Gov-
ernments of China and India in an international pe-
troleum reserve mechanism would promote global en-
ergy security, but such participation should be condi-
tional on the Governments of China and India abid-
ing by customary petroleum reserve management
practices.
(4) In the Western Hemisphere, only the United
States and Canada are members of the International
Energy Program. The vulnerability of most Western
Hemisphere countries to supply disruptions from po-
litical, natural, or terrorism causes may introduce in-
stability in the hemisphere and can be a source of
conflict, despite the existence of major oil reserves in
the hemisphere.
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(5) Countries that are not members of the Inter-
national Energy Program and are unable to main-
tain their own national strategic reserves are vulner-
able to petroleum supply disruption. Disruption in
petroleum supply and spikes in petroleum costs could
devastate the economies of developing countries and
could cause internal or interstate conflict.
(6) The involvement of the United States Govern-
ment in the extension of international mechanisms to
coordinate strategic petroleum reserves and the exten-
sion of other emergency preparedness measures should
strengthen the current International Energy Program.
(b) ENERGY CRISIS RESPONSE MECHANISMS WITH
INDIA AND CHINA.—
(1) AUTHORITY.—The Secretary of State, in co-
ordination with the Secretary of Energy, should im-
mediately seek to establish a petroleum crisis response
mechanism or mechanisms with the Governments of
China and India.
(2) SCOPE.—The mechanism or mechanisms es-
tablished under paragraph (1) should include—
(A) technical assistance in the development
and management of national strategic petroleum
reserves;
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(B) agreements for coordinating drawdowns
of strategic petroleum reserves with the United
States, conditional upon reserve holdings and
management conditions established by the Sec-
retary of Energy;
(C) emergency demand restraint measures;
(D) fuel switching preparedness and alter-
native fuel production capacity; and
(E) ongoing demand intensity reduction
programs.
(3) USE OF EXISTING AGREEMENTS TO ESTAB-
LISH
MECHANISM.—The Secretary may, after con-
sultation with Congress and in accordance with exist-
ing international agreements, including the Inter-
national Energy Program, include China and India
in a petroleum crisis response mechanism through ex-
isting or new agreements.
(c) ENERGY CRISIS RESPONSE MECHANISM FOR THE
WESTERN HEMISPHERE.—
(1) AUTHORITY.—The Secretary of State, in co-
ordination with the Secretary of Energy, should im-
mediately seek to establish a Western Hemisphere en-
ergy crisis response mechanism.
(2) SCOPE.—The mechanism established under
paragraph (1) should include—
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SEC. 710. NO OIL PRODUCING AND EXPORTING CARTELS
ACT OF 2007.
(a) SHORT TITLE.—This section may be cited as the
‘‘No Oil Producing and Exporting Cartels Act of 2007’’ or
‘‘NOPEC’’.
(b) SHERMAN ACT.—The Sherman Act (15 U.S.C. 1
et seq.) is amended by adding after section 7 the following:
‘‘SEC. 7A. OIL PRODUCING CARTELS.
‘‘(a) IN GENERAL.—It shall be illegal and a violation
of this Act for any foreign state, or any instrumentality
or agent of any foreign state, to act collectively or in com-
bination with any other foreign state, any instrumentality
or agent of any other foreign state, or any other person,
whether by cartel or any other association or form of co-
operation or joint action—
‘‘(1) to limit the production or distribution of
oil, natural gas, or any other petroleum product;
‘‘(2) to set or maintain the price of oil, natural
gas, or any petroleum product; or
‘‘(3) to otherwise take any action in restraint of
trade for oil, natural gas, or any petroleum product;
when such action, combination, or collective action has a
direct, substantial, and reasonably foreseeable effect on the
market, supply, price, or distribution of oil, natural gas,
or other petroleum product in the United States.