401 
‘‘(F) need for funding assistance. 
‘‘(3) CONDITION.—As a condition of receiving a 
grant under this subsection, an institutional entity 
shall agree— 
‘‘(A) to implement a public awareness cam-
paign concerning the project in the community 
in which the institutional entity is located; and 
‘‘(B) to submit to the Secretary, and make 
available to the public, reports on any efficiency 
improvements, energy cost savings, and environ-
mental benefits achieved as part of a project car-
ried out under paragraph (1), including quan-
tification of the results relative to the criteria de-
scribed under paragraph (2). 
‘‘(d) GRANTS FOR INNOVATION IN ENERGY SUSTAIN-
ABILITY.— 
‘‘(1) GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award grants to institutional entities to engage 
in innovative energy sustainability projects. 
‘‘(B) REQUIREMENT.—To the extent that 
applications have been submitted, grants under 
subparagraph (A) shall include not less than 2 
grants each year to institutions of higher edu-
cation in each State.
402 
‘‘(C) MINIMUM FUNDING.—Not less than 50 
percent of the total funding for all grants under 
this subsection shall be awarded in grants to in-
stitutions of higher education. 
‘‘(2) INNOVATION
PROJECTS.—An innovation 
project carried out with a grant under this subsection 
shall— 
‘‘(A) involve— 
‘‘(i) an innovative technology that is 
not yet commercially available; or 
‘‘(ii) available technology in an inno-
vative application that maximizes energy 
efficiency and sustainability; 
‘‘(B) have the greatest potential for testing 
or demonstrating new technologies or processes; 
and 
‘‘(C) to the extent undertaken by an institu-
tion of higher education, ensure active student 
participation in the project, including the plan-
ning, implementation, evaluation, and other 
phases of projects. 
‘‘(3) CONDITION.—As a condition of receiving a 
grant under this subsection, an institutional entity 
shall agree to submit to the Secretary, and make
403 
available to the public, reports that describe the re-
sults of the projects carried out using grant funds. 
‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGHER EDU-
CATION WITH SMALL ENDOWMENTS.— 
‘‘(1) IN
GENERAL.—Of the total amount of 
grants provided to institutions of higher education for 
a fiscal year under this section, the Secretary shall 
provide not less than 50 percent of the amount to in-
stitutions of higher education that have an endow-
ment of not more than $100,000,000. 
‘‘(2) REQUIREMENT.—To the extent that appli-
cations have been submitted, at least 50 percent of the 
amount described in paragraph (1) shall be provided 
to institutions of higher education that have an en-
dowment of not more than $50,000,000. 
‘‘(f) GRANT AMOUNTS.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that cost sharing is appropriate, the amounts of 
grants provided under this section shall be limited as 
provided in this subsection. 
‘‘(2) TECHNICAL ASSISTANCE GRANTS.—In the 
case of grants for technical assistance under sub-
section (b), grant funds shall be available for not 
more than— 
‘‘(A) an amount equal to the lesser of—
404 
‘‘(i) $50,000; or 
‘‘(ii) 75 percent of the cost of feasi-
bility studies to assess the potential for im-
plementation or improvement of sustainable 
energy infrastructure; 
‘‘(B) an amount equal to the lesser of— 
‘‘(i) $90,000; or 
‘‘(ii) 60 percent of the cost of guidance 
on overcoming barriers to project implemen-
tation, including financial, contracting, 
siting, and permitting barriers; and 
‘‘(C) an amount equal to the lesser of— 
‘‘(i) $250,000; or 
‘‘(ii) 40 percent of the cost of detailed 
engineering and design of sustainable en-
ergy infrastructure. 
‘‘(3) GRANTS
FOR
EFFICIENCY
IMPROVEMENT 
AND ENERGY SUSTAINABILITY.—In the case of grants 
for efficiency improvement and energy sustainability 
under subsection (c), grant funds shall be available 
for not more than an amount equal to the lesser of— 
‘‘(A) $1,000,000; or 
‘‘(B) 60 percent of the total cost. 
‘‘(4) GRANTS FOR INNOVATION IN ENERGY SUS-
TAINABILITY.—In the case of grants for innovation in
405 
energy sustainability under subsection (d), grant 
funds shall be available for not more than an amount 
equal to the lesser of— 
‘‘(A) $500,000; or 
‘‘(B) 75 percent of the total cost. 
‘‘(g) LOANS FOR ENERGY EFFICIENCY IMPROVEMENT 
AND ENERGY SUSTAINABILITY.— 
‘‘(1) IN GENERAL.—Subject to the availability of 
appropriated funds, the Secretary shall provide loans 
to institutional entities for the purpose of imple-
menting energy efficiency improvements and sustain-
able energy infrastructure. 
‘‘(2) TERMS AND CONDITIONS.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided in this paragraph, loans made under 
this subsection shall be on such terms and condi-
tions as the Secretary may prescribe. 
‘‘(B) MATURITY.—The final maturity of 
loans made within a period shall be the lesser of, 
as determined by the Secretary— 
‘‘(i) 20 years; or 
‘‘(ii) 90 percent of the useful life of the 
principal physical asset to be financed by 
the loan.
406 
‘‘(C) DEFAULT.—No loan made under this 
subsection may be subordinated to another debt 
contracted by the institutional entity or to any 
other claims against the institutional entity in 
the case of default. 
‘‘(D) BENCHMARK INTEREST RATE.— 
‘‘(i) IN GENERAL.—Loans under this 
subsection shall be at an interest rate that 
is set by reference to a benchmark interest 
rate (yield) on marketable Treasury securi-
ties with a similar maturity to the direct 
loans being made. 
‘‘(ii) MINIMUM.—The minimum inter-
est rate of loans under this subsection shall 
be at the interest rate of the benchmark fi-
nancial instrument. 
‘‘(iii) NEW LOANS.—The minimum in-
terest rate of new loans shall be adjusted 
each quarter to take account of changes in 
the interest rate of the benchmark financial 
instrument. 
‘‘(E) CREDIT RISK.—The Secretary shall— 
‘‘(i) prescribe explicit standards for use 
in periodically assessing the credit risk of
407 
making direct loans under this subsection; 
and 
‘‘(ii) find that there is a reasonable as-
surance of repayment before making a loan. 
‘‘(F) ADVANCE
BUDGET
AUTHORITY
RE-
QUIRED.—New direct loans may not be obligated 
under this subsection except to the extent that 
appropriations of budget authority to cover the 
costs of the new direct loans are made in ad-
vance, as required by section 504 of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661c). 
‘‘(3) CRITERIA.—Evaluation of projects for po-
tential loan funding shall be based on criteria estab-
lished by the Secretary, including criteria relating 
to— 
‘‘(A) improvement in energy efficiency; 
‘‘(B) reduction in greenhouse gas emissions 
and other air emissions, including criteria air 
pollutants and ozone-depleting refrigerants; 
‘‘(C) increased use of renewable electric en-
ergy sources or renewable thermal energy sources; 
‘‘(D) reduction in consumption of fossil 
fuels; and 
‘‘(E) need for funding assistance, including 
consideration of the size of endowment or other
408 
financial resources available to the institutional 
entity. 
‘‘(4) LABOR STANDARDS.— 
‘‘(A) IN GENERAL.—All laborers and me-
chanics employed by contractors or subcontrac-
tors in the performance of construction, repair, 
or alteration work funded in whole or in part 
under this section shall be paid wages at rates 
not less than those prevailing on projects of a 
character similar in the locality as determined 
by the Secretary of Labor in accordance with 
sections 3141 through 3144, 3146, and 3147 of 
title 40, United States Code. The Secretary shall 
not approve any such funding without first ob-
taining adequate assurance that required labor 
standards will be maintained upon the construc-
tion work. 
‘‘(B) AUTHORITY
AND
FUNCTIONS.—The 
Secretary of Labor shall have, with respect to the 
labor standards specified in paragraph (1), the 
authority and functions set forth in Reorganiza-
tion Plan Number 14 of 1950 (15 Fed. Reg. 
3176; 64 Stat. 1267) and section 3145 of title 40, 
United States Code.
409 
‘‘(h) PROGRAM PROCEDURES.—Not later than 180 
days after the date of enactment of this section, the Sec-
retary shall establish procedures for the solicitation and 
evaluation of potential projects for grant and loan funding 
and administration of the grant and loan programs. 
‘‘(i) AUTHORIZATION.— 
‘‘(1) GRANTS.—There is authorized to be appro-
priated for the cost of grants authorized in subsections 
(b), (c), and (d) $250,000,000 for each of fiscal years 
2009 through 2013, of which not more than 5 percent 
may be used for administrative expenses. 
‘‘(2) LOANS.—There is authorized to be appro-
priated for the initial cost of direct loans authorized 
in subsection (g) $500,000,000 for each of fiscal years 
2009 through 2013, of which not more than 5 percent 
may be used for administrative expenses.’’. 
Subtitle G—Public and Assisted 
Housing 
SEC. 481. APPLICATION OF INTERNATIONAL ENERGY CON-
SERVATION CODE TO PUBLIC AND ASSISTED 
HOUSING. 
Section 109 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12709) is amended— 
(1) in subsection (a)—
410 
(A) in paragraph (1)(C), by striking, ‘‘, 
where such standards are determined to be cost 
effective by the Secretary of Housing and Urban 
Development’’; and 
(B) in the first sentence of paragraph (2)— 
(i) by striking ‘‘Council of American 
Building Officials Model Energy Code, 
1992’’ and inserting ‘‘2006 International 
Energy Conservation Code’’; and 
(ii) by striking ‘‘, and, with respect to 
rehabilitation and new construction of pub-
lic and assisted housing funded by HOPE 
VI revitalization grants under section 24 of 
the United States Housing Act of 1937 (42 
U.S.C. 1437v), the 2003 International En-
ergy Conservation Code’’; 
(2) in subsection (b)— 
(A) in the heading, by striking ‘‘MODEL 
ENERGY
CODE.—’’ 
and 
inserting 
‘‘INTER-
NATIONAL ENERGY CONSERVATION CODE.—’’; 
(B) by inserting ‘‘and rehabilitation’’ after 
‘‘all new construction’’; and 
(C) by striking ‘‘, and, with respect to reha-
bilitation and new construction of public and as-
sisted housing funded by HOPE VI revitaliza-
411 
tion grants under section 24 of the United States 
Housing Act of 1937 (42 U.S.C. 1437v), the 2003 
International Energy Conservation Code’’; 
(3) in subsection (c)— 
(A) in the heading, by striking ‘‘MODEL 
ENERGY CODE AND’’; and 
(B) by striking ‘‘, or, with respect to reha-
bilitation and new construction of public and as-
sisted housing funded by HOPE VI revitaliza-
tion grants under section 24 of the United States 
Housing Act of 1937 (42 U.S.C. 1437v), the 2003 
International Energy Conservation Code’’; 
(4) by adding at the end the following: 
‘‘(d) FAILURE TO AMEND THE STANDARDS.—If the 
Secretary of Housing and Urban Development and the Sec-
retary of Agriculture have not, within 1 year after the re-
quirements of the 2006 IECC or the ASHRAE Standard 
90.1–2004 are revised, amended the standards or made a 
determination under subsection (c), all new construction 
and rehabilitation of housing specified in subsection (a) 
shall meet the requirements of the revised code or standard 
if— 
‘‘(1) the Secretary of Housing and Urban Devel-
opment or the Secretary of Agriculture make a deter-
mination that the revised codes do not negatively af-
412 
fect the availability or affordability of new construc-
tion of assisted housing and single family and multi-
family residential housing (other than manufactured 
homes) subject to mortgages insured under the Na-
tional Housing Act (12 U.S.C. 1701 et seq.) or in-
sured, guaranteed, or made by the Secretary of Agri-
culture under title V of the Housing Act of 1949 (42 
U.S.C. 1471 et seq.), respectively; and 
‘‘(2) the Secretary of Energy has made a deter-
mination under section 304 of the Energy Conserva-
tion and Production Act (42 U.S.C. 6833) that the re-
vised code or standard would improve energy effi-
ciency.’’; 
(5) by striking ‘‘CABO Model Energy Code, 
1992’’ each place it appears and inserting ‘‘the 2006 
IECC’’; and 
(6) by striking ‘‘1989’’ each place it appears and 
inserting ‘‘2004’’. 
Subtitle H—General Provisions 
SEC. 491. DEMONSTRATION PROJECT. 
(a) IN GENERAL.—The Federal Director and the Com-
mercial Director shall establish guidelines to implement a 
demonstration project to contribute to the research goals of 
the Office of Commercial High-Performance Green Build-
413 
ings and the Office of Federal High-Performance Green 
Buildings. 
(b) PROJECTS.—In accordance with guidelines estab-
lished by the Federal Director and the Commercial Director 
under subsection (a) and the duties of the Federal Director 
and the Commercial Director described in this title, the 
Federal Director or the Commercial Director shall carry 
out— 
(1) for each of fiscal years 2009 through 2014, 
1 demonstration project per year of green features in 
a Federal building selected by the Federal Director in 
accordance with relevant agencies and described in 
subsection (c)(1), that— 
(A) provides for instrumentation, moni-
toring, and data collection related to the green 
features, for study of the impact of the features 
on overall enrgy use and operational costs, and 
for the evaluation of the information obtained 
through the conduct of projects and activities 
under this title; and 
(B) achieves the highest rating offered by 
the high performance green building system iden-
tified pursuant to section 436(h); 
(2) no fewer than 4 demonstration projects at 4 
universities, that, as competitively selected by the
414 
Commercial Director in accordance with subsection 
(c)(2), have— 
(A) appropriate research resources and rel-
evant projects to meet the goals of the demonstra-
tion project established by the Office of Commer-
cial High-Performance Green Buildings; and 
(B) the ability— 
(i) to serve as a model for high-per-
formance green building initiatives, includ-
ing research and education by achieving the 
highest rating offered by the high perform-
ance green building system identified pur-
suant to section 436(h); 
(ii) to identify the most effective ways 
o use high-performance green building and 
landscape technologies to engage and edu-
cate undergraduate and graduate students; 
(iii) to effectively implement a high- 
performance green building education pro-
gram for students and occupants; 
(iv) to demonstrate the effectiveness of 
various high-performance technologies, in-
cluding their impacts on energy use and 
operational costs, in each of the 4 climatic
415 
regions of the United States described in 
subsection (c)(2)(B); and 
(v) to explore quantifiable and non-
quantifiable beneficial impacts on public 
health and employee and student perform-
ance; 
(3) demonstration projects to evaluate replicable 
approaches of achieving high performance in actual 
building operation in various types of commercial 
buildings in various climates; and 
(4) deployment activities to disseminate infor-
mation on and encourage widespread adoption of 
technologies, practices, and policies to achieve zero- 
net-energy commercial buildings or low energy use 
and effective monitoring of energy use in commercial 
buildings. 
(c) CRITERIA.— 
(1) FEDERAL FACILITIES.—With respect to the 
existing or proposed Federal facility at which a dem-
onstration project under this section is conducted, the 
Federal facility shall— 
(A) be an appropriate model for a project 
relating to— 
(i) the effectiveness of high-performance 
technologies;
416 
(ii) analysis of materials, components, 
systems, and emergency operations in the 
building, and the impact of those materials, 
components, and systems, including the im-
pact on the health of building occupants; 
(iii) life-cycle costing and life-cycle as-
sessment of building materials and systems; 
and 
(iv) location and design that promote 
access to the Federal facility through walk-
ing, biking, and mass transit; and 
(B) possess sufficient technological and or-
ganizational adaptability. 
(2) UNIVERSITIES.—With respect to the 4 uni-
versities at which a demonstration project under this 
section is conducted— 
(A) the universities should be selected, after 
careful review of all applications received con-
taining the required information, as determined 
by the Commercial Director, based on— 
(i) successful and established public- 
private research and development partner-
ships;
417 
(ii) demonstrated capabilities to con-
struct or renovate buildings that meet high 
indoor environmental quality standards; 
(iii) organizational flexibility; 
(iv) technological adaptability; 
(v) the demonstrated capacity of at 
least 1 university to replicate lessons 
learned among nearby or sister universities, 
preferably by participation in groups or 
consortia that promote sustainability; 
(vi) the demonstrated capacity of at 
least 1 university to have officially-adopted, 
institution-wide ‘‘high-performance green 
building’’ guidelines for all campus build-
ing projects; and 
(vii) the demonstrated capacity of at 
least 1 university to have been recognized by 
similar institutions as a national leader in 
sustainability education and curriculum for 
students of the university; and 
(B) each university shall be located in a dif-
ferent climatic region of the United States, each 
of which regions shall have, as determined by the 
Office of Commercial High-Performance Green 
Buildings—
418 
(i) a hot, dry climate; 
(ii) a hot, humid climate; 
(iii) a cold climate; or 
(iv) a temperate climate (including a 
climate with cold winters and humid sum-
mers). 
(d) APPLICATIONS.—To receive a grant under sub-
section (b), an eligible applicant shall submit to the Federal 
Director or the Commercial Director an application at such 
time, in such manner, and containing such information as 
the Director may require, including a written assurance 
that all laborers and mechanics employed by contractors or 
subcontractors during construction, alteration, or repair 
that is financed, in whole or in part, by a grant under 
this section shall be paid wages at rates not less than those 
prevailing on similar construction in the locality, as deter-
mined by the Secretary of Labor in accordance with sec-
tions 3141 through 3144, 3146, and 3147 of title 40, United 
States Code. The Secretary of Labor shall, with respect to 
the labor standards described in this subsection, have the 
authority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of 
title 40, United States Code.
419 
(e) REPORT.—Not later than 1 year after the date of 
enactment of this Act, and annually thereafter through Sep-
tember 30, 2014— 
(1) the Federal Director and the Commercial Di-
rector shall submit to the Secretary a report that de-
scribes the status of the demonstration projects; and 
(2) each University at which a demonstration 
project under this section is conducted shall submit to 
the Secretary a report that describes the status of the 
demonstration projects under this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the demonstra-
tion project described in section (b)(1) $10,000,000 for the 
period of fiscal years 2008 through 2012, and to carry out 
the demonstration project described in section (b)(2), 
$10,000,000 for the period of fiscal years 2008 through 
2012, to remain available until expended. 
SEC. 492. RESEARCH AND DEVELOPMENT. 
(a) ESTABLISHMENT.—The Federal Director and the 
Commercial Director, jointly and in coordination with the 
Advisory Committee, shall— 
(1)(A) survey existing research and studies relat-
ing to high-performance green buildings; and 
(B) coordinate activities of common interest;
420 
(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, safety, se-
curity, and accessibility 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; 
(viii) access to public transportation; 
and 
(ix) other issues relating to the health, 
comfort, productivity, and performance of 
occupants of the building; 
(B) promotes the development and dissemi-
nation of high-performance green building meas-
421 
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; 
and 
(C) identifies and tests new and emerging 
technologies for high performance green build-
ings; 
(3) assist the budget and life-cycle costing func-
tions of the Directors’ Offices under section 436(d); 
(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 Directors’ Offices. 
(b) INDOOR AIR QUALITY.—The Federal Director, in 
consultation with the Administrator of the Environmental 
Protection Agency and the Advisory Committee, shall de-
velop and carry out a comprehensive indoor air quality 
program for all Federal facilities to ensure the safety of 
Federal workers and facility occupants—
422 
(1) during new construction and renovation of 
facilities; and 
(2) in existing facilities. 
SEC. 493. ENVIRONMENTAL PROTECTION AGENCY DEM-
ONSTRATION GRANT PROGRAM FOR LOCAL 
GOVERNMENTS. 
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 329. DEMONSTRATION GRANT PROGRAM FOR LOCAL 
GOVERNMENTS. 
‘‘(a) GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish a demonstration program under which the Ad-
ministrator shall provide competitive grants to assist 
local governments (such as municipalities and coun-
ties), with respect to local government buildings— 
‘‘(A) to deploy cost-effective technologies and 
practices; and 
‘‘(B) to achieve operational cost savings, 
through the application of cost-effective tech-
nologies and practices, as verified by the Admin-
istrator. 
‘‘(2) COST SHARING.—
423 
‘‘(A) IN GENERAL.—The Federal share of 
the cost of an activity carried out using a grant 
provided under this section shall be 40 percent. 
‘‘(B) WAIVER OF NON-FEDERAL SHARE.— 
The Administrator may waive up to 100 percent 
of the local share of the cost of any grant under 
this section should the Administrator determine 
that the community is economically distressed, 
pursuant to objective economic criteria estab-
lished by the Administrator in published guide-
lines. 
‘‘(3) MAXIMUM
AMOUNT.—The amount of a 
grant provided under this subsection shall not exceed 
$1,000,000. 
‘‘(b) GUIDELINES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Adminis-
trator shall issue guidelines to implement the grant 
program established under subsection (a). 
‘‘(2) REQUIREMENTS.—The guidelines under 
paragraph (1) shall establish— 
‘‘(A) 
standards 
for 
monitoring 
and 
verification of operational cost savings through 
the application of cost-effective technologies and 
practices reported by grantees under this section;
424 
‘‘(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. 
‘‘(e) REPORTS.—
425 
‘‘(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. 
‘‘(g) DEFINITIONS.—In this section, the terms ‘cost ef-
fective technologies and practices’ and ‘operating cost sav-
ings’ shall have the meanings defined in section 401 of the 
Energy Independence and Security Act of 2007.’’. 
SEC. 494. GREEN BUILDING ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Federal Director, in 
coordination with the Commercial 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—
426 
(A) each agency referred to in section 
421(e); and 
(B) other relevant agencies and entities, as 
determined by the Federal 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; 
(v) public transportation industry ex-
perts; and 
(vi) 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 Federal Director shall establish 
a regular schedule of meetings for the Committee.
427 
(d) DUTIES.—The Committee shall provide advice and 
expertise for use by the Federal Director in carrying out 
the duties under this subtitle, including such recommenda-
tions relating to Federal activities carried out under sec-
tions 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. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY 
FINANCE. 
(a) ESTABLISHMENT.—The Secretary, acting through 
the Assistant Secretary of Energy for Energy Efficiency 
and Renewable Energy, shall establish an Advisory Com-
mittee on Energy Efficiency Finance to provide advice and 
recommendations to the Department on energy efficiency fi-
nance and investment issues, options, ideas, and trends, 
and to assist the energy community in identifying practical 
ways of lowering costs and increasing investments in energy 
efficiency technologies. 
(b) MEMBERSHIP.—The advisory committee estab-
lished under this section shall have a balanced membership 
that shall include members with expertise in— 
(1) availability of seed capital; 
(2) availability of venture capital;
428 
(3) availability of other sources of private equity; 
(4) investment banking with respect to corporate 
finance; 
(5) investment banking with respect to mergers 
and acquisitions; 
(6) equity capital markets; 
(7) debt capital markets; 
(8) research analysis; 
(9) sales and trading; 
(10) commercial lending; and 
(11) residential lending. 
(c) TERMINATION.—The Advisory Committee on En-
ergy Efficiency Finance shall terminate on the date that 
is 10 years after the date of enactment of this Act. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to the Secretary for carrying out this section.
429 
TITLE V—ENERGY SAVINGS IN 
GOVERNMENT 
AND 
PUBLIC 
INSTITUTIONS 
Subtitle A—United States Capitol 
Complex 
SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASI-
BILITY STUDIES. 
(a) STUDIES.—The Architect of the Capitol may con-
duct feasibility studies regarding construction of photo-
voltaic roofs for the Rayburn House Office Building and 
the Hart Senate Office Building. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Architect of the Capitol shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Rules and Administration of the Senate a report on the 
results of the feasibility studies and recommendations re-
garding construction of photovoltaic roofs for the buildings 
referred to in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000. 
SEC. 502. CAPITOL COMPLEX E–85 REFUELING STATION. 
(a) CONSTRUCTION.—The Architect of the Capitol may 
construct a fuel tank and pumping system for E–85 fuel
430 
at or within close proximity to the Capitol Grounds Fuel 
Station. 
(b) USE.—The E–85 fuel tank and pumping system 
shall be available for use by all legislative branch vehicles 
capable of operating with E–85 fuel, subject to such other 
legislative branch agencies reimbursing the Architect of the 
Capitol for the costs of E–85 fuel used by such other legisla-
tive branch vehicles. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$640,000 for fiscal year 2008. 
SEC. 503. ENERGY AND ENVIRONMENTAL MEASURES IN 
CAPITOL COMPLEX MASTER PLAN. 
(a) IN GENERAL.—To the maximum extent prac-
ticable, the Architect of the Capitol shall include energy effi-
ciency and conservation measures, greenhouse gas emission 
reduction measures, and other appropriate environmental 
measures in the Capitol Complex Master Plan. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Architect of the Capitol shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Rules and Administration of the Senate a report on the 
energy efficiency and conservation measures, greenhouse gas 
emission reduction measures, and other appropriate envi-
431 
ronmental measures included in the Capitol Complex Mas-
ter Plan pursuant to subsection (a). 
SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPER-
ATION OF CAPITOL POWER PLANT. 
(a) STEAM BOILERS.— 
(1) IN GENERAL.—The Architect of the Capitol 
shall take such steps as may be necessary to operate 
the steam boilers at the Capitol Power Plant in the 
most energy efficient manner possible to minimize 
carbon emissions and operating costs, including ad-
justing steam pressures and adjusting the operation of 
the boilers to take into account variations in demand, 
including seasonality, for the use of the system. 
(2) EFFECTIVE DATE.—The Architect shall im-
plement the steps required under paragraph (1) not 
later than 30 days after the date of the enactment of 
this Act. 
(b) CHILLER PLANT.— 
(1) IN GENERAL.—The Architect of the Capitol 
shall take such steps as may be necessary to operate 
the chiller plant at the Capitol Power Plant in the 
most energy efficient manner possible to minimize 
carbon emissions and operating costs, including ad-
justing water temperatures and adjusting the oper-
ation of the chillers to take into account variations in
432 
demand, including seasonality, for the use of the sys-
tem. 
(2) EFFECTIVE DATE.—The Architect shall im-
plement the steps required under paragraph (1) not 
later than 30 days after the date of the enactment of 
this Act. 
(c) METERS.—Not later than 90 days after the date 
of the enactment of this Act, the Architect of the Capitol 
shall evaluate the accuracy of the meters in use at the Cap-
itol Power Plant and correct them as necessary. 
(d) REPORT ON IMPLEMENTATION.—Not later than 
180 days after the date of the enactment of this Act, the 
Architect of the Capitol shall complete the implementation 
of the requirements of this section and submit a report de-
scribing the actions taken and the energy efficiencies 
achieved to the Committee on Transportation and Infra-
structure of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, the 
Committee on House Administration of the House of Rep-
resentatives, and the Committee on Rules and Administra-
tion of the Senate.
433 
SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMIS-
SIONS FEASIBILITY STUDY AND DEMONSTRA-
TION PROJECTS. 
The first section of the Act of March 4, 1911 (2 U.S.C. 
2162; 36 Stat. 1414, chapter 285) is amended in the seventh 
undesignated paragraph (relating to the Capitol power 
plant) under the heading ‘‘Public Buildings’’, under the 
heading ‘‘Under the Department of Interior’’— 
(1) by striking ‘‘ninety thousand dollars:’’ and 
inserting $90,000.’’; and 
(2) by striking ‘‘Provided, That hereafter the’’ 
and all that follows through the end of the proviso 
and inserting the following: 
‘‘(a) DESIGNATION.—The heating, lighting, and power 
plant constructed under the terms of the Act approved April 
28, 1904 (33 Stat. 479, chapter 1762) shall be known as 
the ‘Capitol Power Plant’. 
‘‘(b) DEFINITION.—In this section, the term ‘carbon di-
oxide energy efficiency’ means the quantity of electricity 
used to power equipment for carbon dioxide capture and 
storage or use. 
‘‘(c) FEASIBILITY STUDY.—The Architect of the Cap-
itol shall conduct a feasibility study evaluating the avail-
able methods to capture, store, and use carbon dioxide emit-
ted from the Capitol Power Plant as a result of burning 
fossil fuels. In carrying out the feasibility study, the Archi-
434 
tect of the Capitol is encouraged to consult with individuals 
with expertise in carbon capture and storage or use, includ-
ing experts with the Environmental Protection Agency, De-
partment of Energy, academic institutions, non-profit orga-
nizations, and industry, as appropriate. The study shall 
consider— 
‘‘(1) the availability of technologies to capture 
and store or use Capitol Power Plant carbon dioxide 
emissions; 
‘‘(2) strategies to conserve energy and reduce car-
bon dioxide emissions at the Capitol Power Plant; 
and 
‘‘(3) other factors as determined by the Architect 
of the Capitol. 
‘‘(d) DEMONSTRATION PROJECTS.— 
‘‘(1) IN GENERAL.—If the feasibility study deter-
mines that a demonstration project to capture and 
store or use Capitol Power Plant carbon dioxide emis-
sions is technologically feasible and economically jus-
tified (including direct and indirect economic and en-
vironmental benefits), the Architect of the Capitol 
may conduct one or more demonstration projects to 
capture and store or use carbon dioxide emitted from 
the Capitol Power Plant as a result of burning fossil 
fuels.
435 
‘‘(2) FACTORS
FOR
CONSIDERATION.—In car-
rying out such demonstration projects, the Architect 
of the Capitol shall consider— 
‘‘(A) the amount of Capitol Power Plant 
carbon dioxide emissions to be captured and 
stored or used; 
‘‘(B) whether the proposed project is able to 
reduce air pollutants other than carbon dioxide; 
‘‘(C) the carbon dioxide energy efficiency of 
the proposed project; 
‘‘(D) whether the proposed project is able to 
use carbon dioxide emissions; 
‘‘(E) whether the proposed project could be 
expanded to significantly increase the amount of 
Capitol Power Plant carbon dioxide emissions to 
be captured and stored or used; 
‘‘(F) the potential environmental, energy, 
and educational benefits of demonstrating the 
capture and storage or use of carbon dioxide at 
the U.S. Capitol; and 
‘‘(G) other factors as determined by the Ar-
chitect of the Capitol. 
‘‘(3) TERMS AND CONDITIONS.—A demonstration 
project funded under this section shall be subject to
436 
such terms and conditions as the Architect of the Cap-
itol may prescribe. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the feasibility 
study and demonstration project $3,000,000. Such sums 
shall remain available until expended.’’. 
Subtitle B—Energy Savings 
Performance Contracting 
SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; RE-
PORTS. 
(a) IN GENERAL.—Section 801(a)(2)(D) of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8287(a)(2)(D)) is amended— 
(1) in clause (ii), by inserting ‘‘and’’ after the 
semicolon at the end; 
(2) by striking clause (iii); and 
(3) by redesignating clause (iv) as clause (iii). 
(b) REPORTS.—Section 548(a)(2) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(a)(2)) is 
amended by inserting ‘‘and any termination penalty expo-
sure’’ after ‘‘the energy and cost savings that have resulted 
from such contracts’’. 
(c) CONFORMING AMENDMENT.—Section 2913 of title 
10, United States Code, is amended by striking subsection 
(e).
438 
under subparagraph (D) to a period shorter 
than 25 years; or 
‘‘(ii) limit the total amount of obliga-
tions under energy savings performance 
contracts or other private financing of en-
ergy savings measures. 
‘‘(G) MEASUREMENT AND VERIFICATION RE-
QUIREMENTS FOR PRIVATE FINANCING.— 
‘‘(i) IN GENERAL.—In the case of en-
ergy savings performance contracts, the 
evaluations and savings measurement and 
verification required under paragraphs (2) 
and (4) of section 543(f) shall be used by a 
Federal agency to meet the requirements for 
the need for energy audits, calculation of 
energy savings, and any other evaluation of 
costs and savings needed to implement the 
guarantee of savings under this section. 
‘‘(ii) MODIFICATION OF EXISTING CON-
TRACTS.—Not later than 18 months after 
the date of enactment of this subparagraph, 
each Federal agency shall, to the maximum 
extent practicable, modify any indefinite 
delivery and indefinite quantity energy sav-
ings performance contracts, and other in-
439 
definite delivery and indefinite quantity 
contracts using private financing, to con-
form to the amendments made by subtitle B 
of title V of the Energy Independence and 
Security Act of 2007.’’. 
SEC. 514. PERMANENT REAUTHORIZATION. 
Section 801 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8287) is amended by striking subsection 
(c). 
SEC. 515. DEFINITION OF ENERGY SAVINGS. 
Section 804(2) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287c(2)) is amended— 
(1) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively, 
and indenting appropriately; 
(2) by striking ‘‘means a reduction’’ and insert-
ing ‘‘means— 
‘‘(A) a reduction’’; 
(3) by striking the period at the end and insert-
ing a semicolon; and 
(4) by adding at the end the following: 
‘‘(B) the increased efficient use of an exist-
ing energy source by cogeneration or heat recov-
ery;
440 
‘‘(C) if otherwise authorized by Federal or 
State law (including regulations), the sale or 
transfer of electrical or thermal energy generated 
on-site from renewable energy sources or cogen-
eration, but in excess of Federal needs, to utili-
ties or non-Federal energy users; and 
‘‘(D) the increased efficient use of existing 
water sources in interior or exterior applica-
tions.’’. 
SEC. 516. RETENTION OF SAVINGS. 
Section 546(c) of the National Energy Conservation 
Policy Act (42 U.S.C. 8256(c)) is amended by striking 
paragraph (5). 
SEC. 517. TRAINING FEDERAL CONTRACTING OFFICERS TO 
NEGOTIATE 
ENERGY 
EFFICIENCY 
CON-
TRACTS. 
(a) PROGRAM.—The Secretary shall create and admin-
ister in the Federal Energy Management Program a train-
ing program to educate Federal contract negotiation and 
contract management personnel so that the contract officers 
are prepared to— 
(1) negotiate energy savings performance con-
tracts;
441 
(2) conclude effective and timely contracts for en-
ergy efficiency services with all companies offering en-
ergy efficiency services; and 
(3) review Federal contracts for all products and 
services for the potential energy efficiency opportuni-
ties and implications of the contracts. 
(b) SCHEDULE.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall plan, staff, an-
nounce, and begin training under the Federal Energy Man-
agement Program. 
(c) PERSONNEL TO BE TRAINED.—Personnel appro-
priate to receive training under the Federal Energy Man-
agement Program shall be selected by and sent for the train-
ing from— 
(1) the Department of Defense; 
(2) the Department of Veterans Affairs; 
(3) the Department; 
(4) the General Services Administration; 
(5) the Department of Housing and Urban De-
velopment; 
(6) the United States Postal Service; and 
(7) all other Federal agencies and departments 
that enter contracts for buildings, building services, 
electricity and electricity services, natural gas and 
natural gas services, heating and air conditioning
442 
services, building fuel purchases, and other types of 
procurement or service contracts determined by the 
Secretary, in carrying out the Federal Energy Man-
agement Program, to offer the potential for energy 
savings and greenhouse gas emission reductions if ne-
gotiated with taking into account those goals. 
(d) TRAINERS.—Training under the Federal Energy 
Management Program may be conducted by— 
(1) attorneys or contract officers with experience 
in negotiating and managing contracts described in 
subsection (c)(7) from any agency, except that the 
Secretary shall reimburse the related salaries and ex-
penses of the attorneys or contract officers from 
amounts made available for carrying out this section 
to the extent the attorneys or contract officers are not 
employees of the Department; and 
(2) private experts hired by the Secretary for the 
purposes of this section, except that the Secretary may 
not hire experts who are simultaneously employed by 
any company under contract to provide energy effi-
ciency services to the Federal Government. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
this section $750,000 for each of fiscal years 2008 through 
2012.
443 
SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NON-
BUILDING APPLICATIONS. 
(a) DEFINITIONS.—In this section: 
(1) 
NONBUILDING
APPLICATION.—The 
term 
‘‘nonbuilding application’’ means— 
(A) any class of vehicles, devices, or equip-
ment that is transportable under the power of the 
applicable vehicle, device, or equipment by land, 
sea, or air and that consumes energy from any 
fuel source for the purpose of— 
(i) that transportation; or 
(ii) maintaining a controlled environ-
ment within the vehicle, device, or equip-
ment; and 
(B) any federally-owned equipment used to 
generate electricity or transport water. 
(2) SECONDARY SAVINGS.— 
(A) IN
GENERAL.—The term ‘‘secondary 
savings’’ means additional energy or cost savings 
that are a direct consequence of the energy sav-
ings that result from the energy efficiency im-
provements that were financed and implemented 
pursuant to an energy savings performance con-
tract. 
(B) INCLUSIONS.—The term ‘‘secondary 
savings’’ includes—
444 
(i) energy and cost savings that result 
from a reduction in the need for fuel deliv-
ery and logistical support; 
(ii) personnel cost savings and envi-
ronmental benefits; and 
(iii) in the case of electric generation 
equipment, the benefits of increased effi-
ciency in the production of electricity, in-
cluding revenues received by the Federal 
Government from the sale of electricity so 
produced. 
(b) STUDY.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary and 
the Secretary of Defense shall jointly conduct, and 
submit to Congress and the President a report of, a 
study of the potential for the use of energy savings 
performance contracts to reduce energy consumption 
and provide energy and cost savings in nonbuilding 
applications. 
(2) REQUIREMENTS.—The study under this sub-
section shall include— 
(A) an estimate of the potential energy and 
cost savings to the Federal Government, includ-
445 
ing secondary savings and benefits, from in-
creased efficiency in nonbuilding applications; 
(B) an assessment of the feasibility of ex-
tending the use of energy savings performance 
contracts to nonbuilding applications, including 
an identification of any regulatory or statutory 
barriers to that use; and 
(C) such recommendations as the Secretary 
and Secretary of Defense determine to be appro-
priate. 
Subtitle C—Energy Efficiency in 
Federal Agencies 
SEC. 521. 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 located at 1000 Independence Avenue, 
SW., Washington, DC, 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
446 
of amounts made available from the Fund for fiscal year 
2007, and prior fiscal years, for repairs and alternations 
and other activities (excluding amounts made available for 
the energy program). Such sums shall remain available 
until expended. 
SEC. 522. PROHIBITION ON INCANDESCENT LAMPS BY 
COAST GUARD. 
(a) PROHIBITION.—Except as provided by subsection 
(b), on and after January 1, 2009, a general service incan-
descent lamp shall not be purchased or installed in a Coast 
Guard facility by or on behalf of the Coast Guard. 
(b) EXCEPTION.—A general service incandescent lamp 
may be purchased, installed, and used in a Coast Guard 
facility whenever the application of a general service incan-
descent lamp is— 
(1) necessary due to purpose or design, including 
medical, security, and industrial applications; 
(2) reasonable due to the architectural or histor-
ical value of a light fixture installed before January 
1, 2009; or 
(3) the Commandant of the Coast Guard deter-
mines that operational requirements necessitate the 
use of a general service incandescent lamp. 
(c) LIMITATION.—In this section, the term ‘‘facility’’ 
does not include a vessel or aircraft of the Coast Guard.
447 
SEC. 523. STANDARD RELATING TO SOLAR HOT WATER 
HEATERS. 
Section 305(a)(3)(A) of the Energy Conservation and 
Production Act (42 U.S.C. 6834(a)(3)(A)) is amended— 
(1) in clause (i)(II), by striking ‘‘and’’ at the 
end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) if lifecycle cost-effective, as com-
pared to other reasonably available tech-
nologies, not less than 30 percent of the hot 
water demand for each new Federal build-
ing or Federal building undergoing a major 
renovation be met through the installation 
and use of solar hot water heaters.’’. 
SEC. 
524. 
FEDERALLY-PROCURED 
APPLIANCES 
WITH 
STANDBY POWER. 
Section 553 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8259b) is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) 
FEDERALLY-PROCURED
APPLIANCES
WITH 
STANDBY POWER.—
448 
‘‘(1) DEFINITION
OF
ELIGIBLE
PRODUCT.—In 
this subsection, the term ‘eligible product’ means a 
commercially available, off-the-shelf product that— 
‘‘(A)(i) uses external standby power devices; 
or 
‘‘(ii) contains an internal standby power 
function; and 
‘‘(B) is included on the list compiled under 
paragraph (4). 
‘‘(2) FEDERAL
PURCHASING
REQUIREMENT.— 
Subject to paragraph (3), if an agency purchases an 
eligible product, the agency shall purchase— 
‘‘(A) an eligible product that uses not more 
than 1 watt in the standby power consuming 
mode of the eligible product; or 
‘‘(B) if an eligible product described in sub-
paragraph (A) is not available, the eligible prod-
uct with the lowest available standby power 
wattage in the standby power consuming mode of 
the eligible product. 
‘‘(3) LIMITATION.—The requirements of para-
graph (2) shall apply to a purchase by an agency 
only if— 
‘‘(A) the lower-wattage eligible product is— 
‘‘(i) lifecycle cost-effective; and
449 
‘‘(ii) practicable; and 
‘‘(B) the utility and performance of the eli-
gible product is not compromised by the lower 
wattage requirement. 
‘‘(4) ELIGIBLE
PRODUCTS.—The Secretary, in 
consultation with the Secretary of Defense, the Ad-
ministrator of the Environmental Protection Agency, 
and the Administrator of General Services, shall com-
pile a publicly accessible list of cost-effective eligible 
products that shall be subject to the purchasing re-
quirements of paragraph (2).’’. 
SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT 
PRODUCTS. 
(a) AMENDMENTS.—Section 553 of the National En-
ergy Conservation Policy Act (42 U.S.C. 8259b) is amend-
ed— 
(1) in subsection (b)(1), by inserting ‘‘in a prod-
uct category covered by the Energy Star program or 
the Federal Energy Management Program for des-
ignated products’’ after ‘‘energy consuming product’’; 
and 
(2) in the second sentence of subsection (c)— 
(A) by inserting ‘‘list in their catalogues, 
represent as available, and’’ after ‘‘Logistics 
Agency shall’’; and
450 
(B) by striking ‘‘where the agency’’ and in-
serting ‘‘in which the head of the agency’’. 
(b) CATALOGUE LISTING DEADLINE.—Not later than 
9 months after the date of enactment of this Act, the General 
Services Administration and the Defense Logistics Agency 
shall ensure that the requirement established by the amend-
ment made by subsection (a)(2)(A) has been fully complied 
with. 
SEC. 526. PROCUREMENT AND ACQUISITION OF ALTER-
NATIVE FUELS. 
No Federal agency shall enter into a contract for pro-
curement of an alternative or synthetic fuel, including a 
fuel produced from nonconventional petroleum sources, for 
any mobility-related use, other than for research or testing, 
unless the contract specifies that the lifecycle greenhouse gas 
emissions associated with the production and combustion 
of the fuel supplied under the contract must, on an ongoing 
basis, be less than or equal to such emissions from the equiv-
alent conventional fuel produced from conventional petro-
leum sources. 
SEC. 527. GOVERNMENT EFFICIENCY STATUS REPORTS. 
(a) IN GENERAL.—Each Federal agency subject to any 
of the requirements of this title or the amendments made 
by this title shall compile and submit to the Director of
451 
the Office of Management and Budget an annual Govern-
ment efficiency status report on— 
(1) compliance by the agency with each of the re-
quirements of this title and the amendments made by 
this title; 
(2) the status of the implementation by the agen-
cy of initiatives to improve energy efficiency, reduce 
energy costs, and reduce emissions of greenhouse 
gases; and 
(3) savings to the taxpayers of the United States 
resulting from mandated improvements under this 
title and the amendments made by this title 
(b) SUBMISSION.—The report shall be submitted— 
(1) to the Director at such time as the Director 
requires; 
(2) in electronic, not paper, format; and 
(3) consistent with related reporting require-
ments. 
SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND 
SCORECARDS. 
(a) REPORTS.—Not later than April 1 of each year, 
the Director of the Office of Management and Budget shall 
submit an annual Government efficiency report to the Com-
mittee on Oversight and Government Reform of the House
452 
of Representatives and the Committee on Governmental Af-
fairs of the Senate, which shall contain— 
(1) a summary of the information reported by 
agencies under section 527; 
(2) an evaluation of the overall progress of the 
Federal Government toward achieving the goals of 
this title and the amendments made by this title; and 
(3) recommendations for additional actions nec-
essary to meet the goals of this title and the amend-
ments made by this title. 
(b) SCORECARDS.—The Director of the Office of Man-
agement and Budget shall include in any annual energy 
scorecard the Director is otherwise required to submit a de-
scription of the compliance of each agency with the require-
ments of this title and the amendments made by this title. 
SEC. 529. ELECTRICITY SECTOR DEMAND RESPONSE. 
(a) IN GENERAL.—Title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8241 et seq.) is amend-
ed by adding at the end the following: 
‘‘PART 5—PEAK DEMAND REDUCTION 
‘‘SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RE-
SPONSE. 
‘‘(a) NATIONAL ASSESSMENT AND REPORT.—The Fed-
eral Energy Regulatory Commission (‘Commission’) shall 
conduct a National Assessment of Demand Response. The
453 
Commission shall, within 18 months of the date of enact-
ment of this part, submit a report to Congress that includes 
each of the following: 
‘‘(1) Estimation of nationwide demand response 
potential in 5 and 10 year horizons, including data 
on a State-by-State basis, and a methodology for up-
dates of such estimates on an annual basis. 
‘‘(2) Estimation of how much of this potential 
can be achieved within 5 and 10 years after the en-
actment of this part accompanied by specific policy 
recommendations that if implemented can achieve the 
estimated potential. Such recommendations shall in-
clude options for funding and/or incentives for the de-
velopment of demand response resources. 
‘‘(3) The Commission shall further note any bar-
riers to demand response programs offering flexible, 
non-discriminatory, and fairly compensatory terms 
for the services and benefits made available, and shall 
provide recommendations for overcoming such bar-
riers. 
‘‘(4) The Commission shall seek to take advan-
tage of preexisting research and ongoing work, and 
shall insure that there is no duplication of effort. 
‘‘(b) NATIONAL
ACTION
PLAN
ON
DEMAND
RE-
SPONSE.—The Commission shall further develop a National
454 
Action Plan on Demand Response, soliciting and accepting 
input and participation from a broad range of industry 
stakeholders, State regulatory utility commissioners, and 
non-governmental groups. The Commission shall seek con-
sensus where possible, and decide on optimum solutions to 
issues that defy consensus. Such Plan shall be completed 
within one year after the completion of the National Assess-
ment of Demand Response, and shall meet each of the fol-
lowing objectives: 
‘‘(1) Identification of requirements for technical 
assistance to States to allow them to maximize the 
amount of demand response resources that can be de-
veloped and deployed. 
‘‘(2) Design and identification of requirements 
for implementation of a national communications 
program that includes broad-based customer edu-
cation and support. 
‘‘(3) Development or identification of analytical 
tools, information, model regulatory provisions, model 
contracts, and other support materials for use by cus-
tomers, states, utilities and demand response pro-
viders. 
‘‘(c) Upon completion, the National Action Plan on 
Demand Response shall be published, together with any fa-
vorable and dissenting comments submitted by participants
455 
in its preparation. Six months after publication, the Com-
mission, together with the Secretary of Energy, shall submit 
to Congress a proposal to implement the Action Plan, in-
cluding specific proposed assignments of responsibility, pro-
posed budget amounts, and any agreements secured for par-
ticipation from State and other participants. 
‘‘(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Commission to carry out this section not 
more than $10,000,000 for each of the fiscal years 2008, 
2009, and 2010.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
the National Energy Conservation Policy Act (42 U.S.C. 
8201 note) is amended by adding after the items relating 
to part 4 of title V the following: 
‘‘PART 5—PEAK DEMAND REDUCTION 
‘‘Sec. 571. National Action Plan for Demand Response.’’. 
Subtitle D—Energy Efficiency of 
Public Institutions 
SEC. 531. REAUTHORIZATION OF STATE ENERGY PRO-
GRAMS. 
Section 365(f) of the Energy Policy and Conservation 
Act (42 U.S.C. 6325(f)) is amended by striking 
‘‘$100,000,000 for each of the fiscal years 2006 and 2007 
and $125,000,000 for fiscal year 2008’’ and inserting 
‘‘$125,000,000 for each of fiscal years 2007 through 2012’’.
456 
SEC. 532. UTILITY ENERGY EFFICIENCY PROGRAMS. 
(a) ELECTRIC UTILITIES.—Section 111(d) of the Pub-
lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2621(d)) is amended by adding at the end the following: 
‘‘(16) INTEGRATED RESOURCE PLANNING.—Each 
electric utility shall— 
‘‘(A) integrate energy efficiency resources 
into utility, State, and regional plans; and 
‘‘(B) adopt policies establishing cost-effective 
energy efficiency as a priority resource. 
‘‘(17) RATE
DESIGN
MODIFICATIONS
TO
PRO-
MOTE ENERGY EFFICIENCY INVESTMENTS.— 
‘‘(A) IN GENERAL.—The rates allowed to be 
charged by any electric utility shall— 
‘‘(i) align utility incentives with the 
delivery of cost-effective energy efficiency; 
and 
‘‘(ii) promote energy efficiency invest-
ments. 
‘‘(B) POLICY OPTIONS.—In complying with 
subparagraph (A), each State regulatory author-
ity and each nonregulated utility shall con-
sider— 
‘‘(i) removing the throughput incentive 
and other regulatory and management dis-
incentives to energy efficiency;
457 
‘‘(ii) providing utility incentives for 
the successful management of energy effi-
ciency programs; 
‘‘(iii) including the impact on adop-
tion of energy efficiency as 1 of the goals of 
retail rate design, recognizing that energy 
efficiency must be balanced with other objec-
tives; 
‘‘(iv) adopting rate designs that en-
courage energy efficiency for each customer 
class; 
‘‘(v) allowing timely recovery of energy 
efficiency-related costs; and 
‘‘(vi) offering home energy audits, of-
fering demand response programs, publi-
cizing the financial and environmental ben-
efits associated with making home energy 
efficiency improvements, and educating 
homeowners about all existing Federal and 
State incentives, including the availability 
of low-cost loans, that make energy effi-
ciency improvements more affordable.’’. 
(b) NATURAL GAS UTILITIES.—Section 303(b) of the 
Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 
3203(b)) is amended by adding at the end the following:
458 
‘‘(5) ENERGY
EFFICIENCY.—Each natural gas 
utility shall— 
‘‘(A) integrate energy efficiency resources 
into the plans and planning processes of the nat-
ural gas utility; and 
‘‘(B) adopt policies that establish energy ef-
ficiency as a priority resource in the plans and 
planning processes of the natural gas utility. 
‘‘(6) RATE DESIGN MODIFICATIONS TO PROMOTE 
ENERGY EFFICIENCY INVESTMENTS.— 
‘‘(A) IN GENERAL.—The rates allowed to be 
charged by a natural gas utility shall align util-
ity incentives with the deployment of cost-effec-
tive energy efficiency. 
‘‘(B) POLICY OPTIONS.—In complying with 
subparagraph (A), each State regulatory author-
ity and each nonregulated utility shall con-
sider— 
‘‘(i) separating fixed-cost revenue re-
covery from the volume of transportation or 
sales service provided to the customer; 
‘‘(ii) providing to utilities incentives 
for the successful management of energy effi-
ciency programs, such as allowing utilities
459 
to retain a portion of the cost-reducing ben-
efits accruing from the programs; 
‘‘(iii) promoting the impact on adop-
tion of energy efficiency as 1 of the goals of 
retail rate design, recognizing that energy 
efficiency must be balanced with other objec-
tives; and 
‘‘(iv) adopting rate designs that en-
courage energy efficiency for each customer 
class. 
For purposes of applying the provisions of this 
subtitle to this paragraph, any reference in this 
subtitle to the date of enactment of this Act shall 
be treated as a reference to the date of enactment 
of this paragraph.’’. 
(c) CONFORMING AMENDMENT.—Section 303(a) of the 
Public Utility Regulatory Policies Act of 1978 U.S.C. 
3203(a)) is amended by striking ‘‘and (4)’’ inserting ‘‘(4), 
(5), and (6)’’. 
Subtitle E—Energy Efficiency and 
Conservation Block Grants 
SEC. 541. DEFINITIONS. 
In this subtitle: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means—
460 
(A) a State; 
(B) an eligible unit of local government; 
and 
(C) an Indian tribe. 
(2) ELIGIBLE UNIT OF LOCAL GOVERNMENT.— 
The term ‘‘eligible unit of local government’’ means— 
(A) an eligible unit of local government–al-
ternative 1; and 
(B) an eligible unit of local government–al-
ternative 2. 
(3)(A) ELIGIBLE UNIT OF LOCAL GOVERNMENT– 
ALTERNATIVE 1.—The term ‘‘eligible unit of local gov-
ernment–alternative 1’’ means— 
(i) a city with a population— 
(I) of at least 35,000; or 
(II) that causes the city to be 1 of the 
10 highest-populated cities of the State in 
which the city is located; and 
(ii) a county with a population— 
(I) of at least 200,000; or 
(II) that causes the county to be 1 of 
the 10 highest-populated counties of the 
State in which the county is located.
461 
(B) ELIGIBLE UNIT OF LOCAL GOVERNMENT–AL-
TERNATIVE 2.—The term ‘‘eligible unit of local gov-
ernment–alternative 2’’ means— 
(i) a city with a population of at least 
50,000; or 
(ii) a county with a population of at least 
200,000. 
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning given the term in section 4 of the Indian 
Self- Determination and Education Assistance Act 
(25 U.S.C. 450b). 
(5) PROGRAM.—The term ‘‘program’’ means the 
Energy Efficiency and Conservation Block Grant 
Program established under section 542(a). 
(6) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; and 
(D) any other territory or possession of the 
United States. 
SEC. 542. ENERGY EFFICIENCY AND CONSERVATION BLOCK 
GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
program, to be known as the ‘‘Energy Efficiency and Con-
servation Block Grant Program’’, under which the Sec-
462 
retary shall provide grants to eligible entities in accordance 
with this subtitle. 
(b) PURPOSE.—The purpose of the program shall be 
to assist eligible entities in implementing strategies— 
(1) to reduce fossil fuel emissions created as a re-
sult of activities within the jurisdictions of eligible 
entities in manner that— 
(A) is environmentally sustainable; and 
(B) to the maximum extent practicable, 
maximizes benefits for local and regional com-
munities; 
(2) to reduce the total energy use of the eligible 
entities; and 
(3) to improve energy efficiency in— 
(A) the transportation sector; 
(B) the building sector; and 
(C) other appropriate sectors. 
SEC. 543. ALLOCATION OF FUNDS. 
(a) IN GENERAL.—Of amounts made available to pro-
vide grants under this subtitle for each fiscal year, the Sec-
retary shall allocate— 
(1) 68 percent to eligible units of local govern-
ment in accordance with subsection (b); 
(2) 28 percent to States in accordance with sub-
section (c);
463 
(3) 2 percent to Indian tribes in accordance with 
subsection (d); and 
(4) 2 percent for competitive grants under sec-
tion 546. 
(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—Of 
amounts available for distribution to eligible units of local 
government under subsection (a)(1), the Secretary shall pro-
vide grants to eligible units of local government under this 
section based on a formula established by the Secretary ac-
cording to— 
(1) the populations served by the eligible units of 
local government, according to the latest available de-
cennial census; and 
(2) the daytime populations of the eligible units 
of local government and other similar factors (such as 
square footage of commercial, office, and industrial 
space), as determined by the Secretary. 
(c) STATES.—Of amounts available for distribution to 
States under subsection (a)(2), the Secretary shall pro-
vide— 
(1) not less than 1.25 percent to each State; and 
(2) the remainder among the States, based on a 
formula to be established by the Secretary that takes 
into account— 
(A) the population of each State; and
464 
(B) any other criteria that the Secretary de-
termines to be appropriate. 
(d) INDIAN TRIBES.—Of amounts available for dis-
tribution to Indian tribes under subsection (a)(3), the Sec-
retary shall establish a formula for allocation of the 
amounts to Indian tribes, taking into account any factors 
that the Secretary determines to be appropriate. 
(e) PUBLICATION OF ALLOCATION FORMULAS.—Not 
later than 90 days before the beginning of each fiscal year 
for which grants are provided under this subtitle, the Sec-
retary shall publish in the Federal Register the formulas 
for allocation established under this section. 
(f) STATE AND LOCAL ADVISORY COMMITTEE.—The 
Secretary shall establish a State and local advisory com-
mittee to advise the Secretary regarding administration, 
implementation, and evaluation of the program. 
SEC. 544. USE OF FUNDS. 
An eligible entity may use a grant received under this 
subtitle to carry out activities to achieve the purposes of 
the program, including— 
(1) development and implementation of an en-
ergy efficiency and conservation strategy under sec-
tion 545(b);
465 
(2) retaining technical consultant services to as-
sist the eligible entity in the development of such a 
strategy, including— 
(A) formulation of energy efficiency, energy 
conservation, and energy usage goals; 
(B) identification of strategies to achieve 
those goals— 
(i) through efforts to increase energy ef-
ficiency and reduce energy consumption; 
and 
(ii) by encouraging behavioral changes 
among the population served by the eligible 
entity; 
(C) development of methods to measure 
progress in achieving the goals; 
(D) development and publication of annual 
reports to the population served by the eligible 
entity describing— 
(i) the strategies and goals; and 
(ii) the progress made in achieving the 
strategies and goals during the preceding 
calendar year; and 
(E) other services to assist in the implemen-
tation of the energy efficiency and conservation 
strategy;
466 
(3) conducting residential and commercial build-
ing energy audits; 
(4) establishment of financial incentive programs 
for energy efficiency improvements; 
(5) the provision of grants to nonprofit organiza-
tions and governmental agencies for the purpose of 
performing energy efficiency retrofits; 
(6) development and implementation of energy 
efficiency and conservation programs for buildings 
and facilities within the jurisdiction of the eligible en-
tity, including— 
(A) design and operation of the programs; 
(B) identifying the most effective methods 
for achieving maximum participation and effi-
ciency rates; 
(C) public education; 
(D) measurement and verification protocols; 
and 
(E) identification of energy efficient tech-
nologies; 
(7) development and implementation of pro-
grams to conserve energy used in transportation, in-
cluding— 
(A) use of flex time by employers; 
(B) satellite work centers;
467 
(C) development and promotion of zoning 
guidelines or requirements that promote energy 
efficient development; 
(D) development of infrastructure, such as 
bike lanes and pathways and pedestrian walk-
ways; 
(E) synchronization of traffic signals; and 
(F) other measures that increase energy effi-
ciency and decrease energy consumption; 
(8) development and implementation of building 
codes and inspection services to promote building en-
ergy efficiency; 
(9) application and implementation of energy 
distribution technologies that significantly increase 
energy efficiency, including— 
(A) distributed resources; and 
(B) district heating and cooling systems; 
(10) activities to increase participation and effi-
ciency rates for material conservation programs, in-
cluding source reduction, recycling, and recycled con-
tent procurement programs that lead to increases in 
energy efficiency; 
(11) the purchase and implementation of tech-
nologies to reduce, capture, and, to the maximum ex-
468 
tent practicable, use methane and other greenhouse 
gases generated by landfills or similar sources; 
(12) replacement of traffic signals and street 
lighting with energy efficient lighting technologies, in-
cluding— 
(A) light emitting diodes; and 
(B) any other technology of equal or greater 
energy efficiency; 
(13) development, implementation, and installa-
tion on or in any government building of the eligible 
entity of onsite renewable energy technology that gen-
erates electricity from renewable resources, includ-
ing— 
(A) solar energy; 
(B) wind energy; 
(C) fuel cells; and 
(D) biomass; and 
(14) any other appropriate activity, as deter-
mined by the Secretary, in consultation with— 
(A) the Administrator of the Environmental 
Protection Agency; 
(B) the Secretary of Transportation; and 
(C) the Secretary of Housing and Urban 
Development.
469 
SEC. 545. REQUIREMENTS FOR ELIGIBLE ENTITIES. 
(a) CONSTRUCTION REQUIREMENT.— 
(1) IN
GENERAL.—To be eligible to receive a 
grant under the program, each eligible applicant shall 
submit to the Secretary a written assurance that all 
laborers and mechanics employed by any contractor 
or subcontractor of the eligible entity during any con-
struction, alteration, or repair activity funded, in 
whole or in part, by the grant shall be paid wages at 
rates not less than the prevailing wages for similar 
construction activities in the locality, as determined 
by the Secretary of Labor, in accordance with sections 
3141 through 3144, 3146, and 3147 of title 40, 
United States Code. 
(2) SECRETARY OF LABOR.—With respect to the 
labor standards referred to in paragraph (1), the Sec-
retary of Labor shall have the authority and functions 
described in— 
(A) Reorganization Plan Numbered 14 of 
1950 (5 U.S.C. 903 note); and 
(B) section 3145 of title 40, United States 
Code. 
(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT AND IN-
DIAN TRIBES.— 
(1) PROPOSED STRATEGY.—
470 
(A) IN GENERAL.—Not later than 1 year 
after the date on which an eligible unit of local 
government or Indian tribe receives a grant 
under this subtitle, the eligible unit of local gov-
ernment or Indian tribe shall submit to the Sec-
retary a proposed energy efficiency and con-
servation strategy in accordance with this para-
graph. 
(B) INCLUSIONS.—The proposed strategy 
under subparagraph (A) shall include— 
(i) a description of the goals of the eli-
gible unit of local government or Indian 
tribe, in accordance with the purposes of 
this subtitle, for increased energy efficiency 
and conservation in the jurisdiction of the 
eligible unit of local government or Indian 
tribe; and 
(ii) a plan for the use of the grant to 
assist the eligible unit of local government 
or Indian tribe in achieving those goals, in 
accordance with section 544. 
(C) REQUIREMENTS
FOR
ELIGIBLE
UNITS 
OF
LOCAL
GOVERNMENT.—In developing the 
strategy under subparagraph (A), an eligible 
unit of local government shall—
471 
(i) take into account any plans for the 
use of funds by adjacent eligible units of 
local governments that receive grants under 
the program; and 
(ii) coordinate and share information 
with the State in which the eligible unit of 
local government is located regarding ac-
tivities carried out using the grant to maxi-
mize the energy efficiency and conservation 
benefits under this subtitle. 
(2) APPROVAL BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall ap-
prove or disapprove a proposed strategy under 
paragraph (1) by not later than 120 days after 
the date of submission of the proposed strategy. 
(B) DISAPPROVAL.—If the Secretary dis-
approves a proposed strategy under subpara-
graph (A)— 
(i) the Secretary shall provide to the 
eligible unit of local government or Indian 
tribe the reasons for the disapproval; and 
(ii) the eligible unit of local govern-
ment or Indian tribe may revise and resub-
mit the proposed strategy as many times as
472 
necessary until the Secretary approves a 
proposed strategy. 
(C) REQUIREMENT.—The Secretary shall 
not provide to an eligible unit of local govern-
ment or Indian tribe any grant under the pro-
gram until a proposed strategy of the eligible 
unit of local government or Indian tribe is ap-
proved by the Secretary under this paragraph. 
(3) LIMITATIONS
ON
USE
OF
FUNDS.—Of 
amounts provided to an eligible unit of local govern-
ment or Indian tribe under the program, an eligible 
unit of local government or Indian tribe may use— 
(A) for administrative expenses, excluding 
the cost of meeting the reporting requirements of 
this subtitle, an amount equal to the greater of— 
(i) 10 percent; and 
(ii) $75,000; 
(B) for the establishment of revolving loan 
funds, an amount equal to the greater of— 
(i) 20 percent; and 
(ii) $250,000; and 
(C) for the provision of subgrants to non-
governmental organizations for the purpose of 
assisting in the implementation of the energy ef-
ficiency and conservation strategy of the eligible
473 
unit of local government or Indian tribe, an 
amount equal to the greater of— 
(i) 20 percent; and 
(ii) $250,000. 
(4) ANNUAL REPORT.—Not later than 2 years 
after the date on which funds are initially provided 
to an eligible unit of local government or Indian tribe 
under the program, and annually thereafter, the eligi-
ble unit of local government or Indian tribe shall sub-
mit to the Secretary a report describing— 
(A) the status of development and imple-
mentation of the energy efficiency and conserva-
tion strategy of the eligible unit of local govern-
ment or Indian tribe; and 
(B) as practicable, an assessment of energy 
efficiency gains within the jurisdiction of the eli-
gible unit of local government or Indian tribe. 
(c) STATES.— 
(1) DISTRIBUTION OF FUNDS.— 
(A) IN GENERAL.—A State that receives a 
grant under the program shall use not less than 
60 percent of the amount received to provide sub-
grants to units of local government in the State 
that are not eligible units of local government.
474 
(B) DEADLINE.—The State shall provide 
the subgrants required under subparagraph (A) 
by not later than 180 days after the date on 
which the Secretary approves a proposed energy 
efficiency and conservation strategy of the State 
under paragraph (3). 
(2) REVISION
OF
CONSERVATION
PLAN; PRO-
POSED STRATEGY.—Not later than 120 days after the 
date of enactment of this Act, each State shall— 
(A) modify the State energy conservation 
plan of the State under section 362 of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6322) to establish additional goals for increased 
energy efficiency and conservation in the State; 
and 
(B) submit to the Secretary a proposed en-
ergy efficiency and conservation strategy that— 
(i) establishes a process for providing 
subgrants as required under paragraph (1); 
and 
(ii) includes a plan of the State for the 
use of funds received under a the program 
to assist the State in achieving the goals es-
tablished under subparagraph (A), in ac-
cordance with sections 542(b) and 544.
475 
(3) APPROVAL BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall ap-
prove or disapprove a proposed strategy under 
paragraph (2)(B) by not later than 120 days 
after the date of submission of the proposed strat-
egy. 
(B) DISAPPROVAL.—If the Secretary dis-
approves a proposed strategy under subpara-
graph (A)— 
(i) the Secretary shall provide to the 
State the reasons for the disapproval; and 
(ii) the State may revise and resubmit 
the proposed strategy as many times as nec-
essary until the Secretary approves a pro-
posed strategy. 
(C) REQUIREMENT.—The Secretary shall 
not provide to a State any grant under the pro-
gram until a proposed strategy of the State is 
approved the Secretary under this paragraph. 
(4) LIMITATIONS ON USE OF FUNDS.—A State 
may use not more than 10 percent of amounts pro-
vided under the program for administrative expenses. 
(5) ANNUAL REPORTS.—Each State that receives 
a grant under the program shall submit to the Sec-
retary an annual report that describes—
476 
(A) the status of development and imple-
mentation of the energy efficiency and conserva-
tion strategy of the State during the preceding 
calendar year; 
(B) the status of the subgrant program of 
the State under paragraph (1); 
(C) the energy efficiency gains achieved 
through the energy efficiency and conservation 
strategy of the State during the preceding cal-
endar year; and 
(D) specific energy efficiency and conserva-
tion goals of the State for subsequent calendar 
years. 
SEC. 546. COMPETITIVE GRANTS. 
(a) IN GENERAL.—Of the total amount made available 
for each fiscal year to carry out this subtitle, the Secretary 
shall use not less than 2 percent to provide grants under 
this section, on a competitive basis, to— 
(1) units of local government (including Indian 
tribes) that are not eligible entities; and 
(2) consortia of units of local government de-
scribed in paragraph (1). 
(b) APPLICATIONS.—To be eligible to receive a grant 
under this section, a unit of local government or consortia 
shall submit to the Secretary an application at such time,
477 
in such manner, and containing such information as the 
Secretary may require, including a plan of the unit of local 
government to carry out an activity described in section 
544. 
(c) PRIORITY.—In providing grants under this section, 
the Secretary shall give priority to units of local govern-
ment— 
(1) located in States with populations of less 
than 2,000,000; or 
(2) that plan to carry out projects that would re-
sult in significant energy efficiency improvements or 
reductions in fossil fuel use. 
SEC. 547. REVIEW AND EVALUATION. 
(a) IN GENERAL.—The Secretary may review and 
evaluate the performance of any eligible entity that receives 
a grant under the program, including by conducting an 
audit, as the Secretary determines to be appropriate. 
(b) WITHHOLDING OF FUNDS.—The Secretary may 
withhold from an eligible entity any portion of a grant to 
be provided to the eligible entity under the program if the 
Secretary determines that the eligible entity has failed to 
achieve compliance with— 
(1) any applicable guideline or regulation of the 
Secretary relating to the program, including the mis-
478 
use or misappropriation of funds provided under the 
program; or 
(2) the energy efficiency and conservation strat-
egy of the eligible entity. 
SEC. 548. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) GRANTS.—There is authorized to be appro-
priated to the Secretary for the provision of grants 
under the program $2,000,000,000 for each of fiscal 
years 2008 through 2012; provided that 49 percent of 
the appropriated funds shall be distributed using the 
definition of eligible unit of local government–alter-
native 1 in section 541(3)(A) and 49 percent of the 
appropriated funds shall be distributed using the defi-
nition of eligible unit of local government–alternative 
2 in section 541(3)(B). 
(2) ADMINISTRATIVE COSTS.—There are author-
ized to be appropriated to the Secretary for adminis-
trative expenses of the program— 
(A) $20,000,000 for each of fiscal years 
2008 and 2009; 
(B) $25,000,000 for each of fiscal years 
2010 and 2011; and 
(C) $30,000,000 for fiscal year 2012.
479 
(b) MAINTENANCE OF FUNDING.—The funding pro-
vided under this section shall supplement (and not sup-
plant) other Federal funding provided under— 
(1) a State energy conservation plan established 
under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.); or 
(2) the Weatherization Assistance Program for 
Low-Income Persons established under part A of title 
IV of the Energy Conservation and Production Act 
(42 U.S.C. 6861 et seq.). 
TITLE VI—ACCELERATED 
RESEARCH AND DEVELOPMENT 
Subtitle A—Solar Energy 
SEC. 601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Solar Energy Re-
search and Advancement Act of 2007’’. 
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DE-
VELOPMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
program of research and development to provide lower cost 
and more viable thermal energy storage technologies to en-
able the shifting of electric power loads on demand and ex-
tend the operating time of concentrating solar power electric 
generating plants.
480 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section $5,000,000 for fiscal year 2008, $7,000,000 
for fiscal year 2009, $9,000,000 for fiscal year 2010, 
$10,000,000 for fiscal year 2011, and $12,000,000 for fiscal 
year 2012. 
SEC. 603. CONCENTRATING SOLAR POWER COMMERCIAL 
APPLICATION STUDIES. 
(a) INTEGRATION.—The Secretary shall conduct a 
study on methods to integrate concentrating solar power 
and utility-scale photovoltaic systems into regional elec-
tricity transmission systems, and to identify new trans-
mission or transmission upgrades needed to bring elec-
tricity from high concentrating solar power resource areas 
to growing electric power load centers throughout the 
United States. The study shall analyze and assess cost-effec-
tive approaches for management and large-scale integration 
of concentrating solar power and utility-scale photovoltaic 
systems into regional electric transmission grids to improve 
electric reliability, to efficiently manage load, and to reduce 
demand on the natural gas transmission system for electric 
power. The Secretary shall submit a report to Congress on 
the results of this study not later than 12 months after the 
date of enactment of this Act.
481 
(b) WATER CONSUMPTION.—Not later than 6 months 
after the date of the enactment of this Act, the Secretary 
of Energy shall transmit to Congress a report on the results 
of a study on methods to reduce the amount of water con-
sumed by concentrating solar power systems. 
SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND 
CERTIFICATION GRANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
in the Office of Solar Energy Technologies a competitive 
grant program to create and strengthen solar industry 
workforce training and internship programs in installa-
tion, operation, and maintenance of solar energy products. 
The goal of this program is to ensure a supply of well- 
trained individuals to support the expansion of the solar 
energy industry. 
(b) AUTHORIZED ACTIVITIES.—Grant funds may be 
used to support the following activities: 
(1) Creation and development of a solar energy 
curriculum appropriate for the local educational, en-
trepreneurial, and environmental conditions, includ-
ing curriculum for community colleges. 
(2) Support of certification programs for indi-
vidual solar energy system installers, instructors, and 
training programs.
482 
(3) Internship programs that provide hands-on 
participation by students in commercial applications. 
(4) Activities required to obtain certification of 
training programs and facilities by an industry-ac-
cepted quality-control certification program. 
(5) Incorporation of solar-specific learning mod-
ules into traditional occupational training and in-
ternship programs for construction-related trades. 
(6) The purchase of equipment necessary to 
carry out activities under this section. 
(7) Support of programs that provide guidance 
and updates to solar energy curriculum instructors. 
(c) ADMINISTRATION
OF GRANTS.—Grants may be 
awarded under this section for up to 3 years. The Secretary 
shall award grants to ensure sufficient geographic distribu-
tion of training programs nationally. Grants shall only be 
awarded for programs certified by an industry-accepted 
quality-control certification institution, or for new and 
growing programs with a credible path to certification. Due 
consideration shall be given to women, underrepresented 
minorities, and persons with disabilities. 
(d) REPORT.—The Secretary shall make public, on the 
website of the Department or upon request, information on 
the name and institution for all grants awarded under this
483 
section, including a brief description of the project as well 
as the grant award amount. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section $10,000,000 for each of the fiscal years 2008 
through 2012. 
SEC. 605. DAYLIGHTING SYSTEMS AND DIRECT SOLAR 
LIGHT PIPE TECHNOLOGY. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
program of research and development to provide assistance 
in the demonstration and commercial application of direct 
solar renewable energy sources to provide alternatives to 
traditional power generation for lighting and illumination, 
including light pipe technology, and to promote greater en-
ergy conservation and improved efficiency. All direct solar 
renewable energy devices supported under this program 
shall have the capability to provide measurable data on the 
amount of kilowatt-hours saved over the traditionally pow-
ered light sources they have replaced. 
(b) REPORTING.—The Secretary shall transmit to Con-
gress an annual report assessing the measurable data de-
rived from each project in the direct solar renewable energy 
sources program and the energy savings resulting from its 
use. 
(c) DEFINITIONS.—For purposes of this section—
484 
(1) the term ‘‘direct solar renewable energy’’ 
means energy from a device that converts sunlight 
into useable light within a building, tunnel, or other 
enclosed structure, replacing artificial light generated 
by a light fixture and doing so without the conversion 
of the sunlight into another form of energy; and 
(2) the term ‘‘light pipe’’ means a device de-
signed to transport visible solar radiation from its 
collection point to the interior of a building while ex-
cluding interior heat gain in the nonheating season. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section $3,500,000 for each of the fiscal years 2008 
through 2012. 
SEC. 606. SOLAR AIR CONDITIONING RESEARCH AND DE-
VELOPMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
research, development, and demonstration program to pro-
mote less costly and more reliable decentralized distributed 
solar-powered air conditioning for individuals and busi-
nesses. 
(b) AUTHORIZED ACTIVITIES.—Grants made available 
under this section may be used to support the following ac-
tivities:
485 
(1) Advancing solar thermal collectors, including 
concentrating solar thermal and electric systems, flat 
plate and evacuated tube collector performance. 
(2) Achieving technical and economic integration 
of solar-powered distributed air-conditioning systems 
with existing hot water and storage systems for resi-
dential applications. 
(3) Designing and demonstrating mass manufac-
turing capability to reduce costs of modular standard-
ized solar-powered distributed air conditioning sys-
tems and components. 
(4) Improving the efficiency of solar-powered dis-
tributed air-conditioning to increase the effectiveness 
of solar-powered absorption chillers, solar-driven com-
pressors and condensors, and cost-effective precooling 
approaches. 
(5) Researching and comparing performance of 
solar-powered distributed air conditioning systems in 
different regions of the country, including potential 
integration with other onsite systems, such as solar, 
biogas, geothermal heat pumps, and propane assist or 
combined propane fuel cells, with a goal to develop 
site-specific energy production and management sys-
tems that ease fuel and peak utility loading.
486 
(c) COST SHARING.—Section 988 of the Energy Policy 
Act of 2005 (42 U.S.C. 16352) shall apply to a project car-
ried out under this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for carrying 
out this section $2,500,000 for each of the fiscal years 2008 
through 2012. 
SEC. 607. PHOTOVOLTAIC DEMONSTRATION PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a pro-
gram of grants to States to demonstrate advanced photo-
voltaic technology. 
(b) REQUIREMENTS.— 
(1) ABILITY TO MEET REQUIREMENTS.—To re-
ceive funding under the program under this section, 
a State must submit a proposal that demonstrates, to 
the satisfaction of the Secretary, that the State will 
meet the requirements of subsection (f). 
(2) COMPLIANCE
WITH
REQUIREMENTS.—If a 
State has received funding under this section for the 
preceding year, the State must demonstrate, to the 
satisfaction of the Secretary, that it complied with the 
requirements of subsection (f) in carrying out the pro-
gram during that preceding year, and that it will do 
so in the future, before it can receive further funding 
under this section.
487 
(c) COMPETITION.—The Secretary shall award grants 
on a competitive basis to the States with the proposals the 
Secretary considers most likely to encourage the widespread 
adoption of photovoltaic technologies. The Secretary shall 
take into consideration the geographic distribution of 
awards. 
(d) PROPOSALS.—Not later than 6 months after the 
date of enactment of this Act, and in each subsequent fiscal 
year for the life of the program, the Secretary shall solicit 
proposals from the States to participate in the program 
under this section. 
(e) COMPETITIVE CRITERIA.—In awarding funds in a 
competitive allocation under subsection (c), the Secretary 
shall consider— 
(1) the likelihood of a proposal to encourage the 
demonstration of, or lower the costs of, advanced pho-
tovoltaic technologies; and 
(2) the extent to which a proposal is likely to— 
(A) maximize the amount of photovoltaics 
demonstrated; 
(B) maximize the proportion of non-Federal 
cost share; and 
(C) limit State administrative costs. 
(f) STATE PROGRAM.—A program operated by a State 
with funding under this section shall provide competitive
488 
awards for the demonstration of advanced photo-voltaic 
technologies. Each State program shall— 
(1) require a contribution of at least 60 percent 
per award from non-Federal sources, which may in-
clude any combination of State, local, and private 
funds, except that at least 10 percent of the funding 
must be supplied by the State; 
(2) endeavor to fund recipients in the commer-
cial, industrial, institutional, governmental, and resi-
dential sectors; 
(3) limit State administrative costs to no more 
than 10 percent of the grant; 
(4) report annually to the Secretary on— 
(A) the amount of funds disbursed; 
(B) the amount of photovoltaics purchased; 
and 
(C) the results of the monitoring under 
paragraph (5); 
(5) provide for measurement and verification of 
the output of a representative sample of the 
photovoltaics systems demonstrated throughout the av-
erage working life of the systems, or at least 20 years; 
and 
(6) require that applicant buildings must have 
received an independent energy efficiency audit dur-
489 
ing the 6-month period preceding the filing of the ap-
plication. 
(g) UNEXPENDED FUNDS.—If a State fails to expend 
any funds received under this section within 3 years of re-
ceipt, such remaining funds shall be returned to the Treas-
ury. 
(h) REPORTS.—The Secretary shall report to Congress 
5 years after funds are first distributed to the States under 
this section— 
(1) the amount of photovoltaics demonstrated; 
(2) the number of projects undertaken; 
(3) the administrative costs of the program; 
(4) the results of the monitoring under subsection 
(f)(5); and 
(5) the total amount of funds distributed, includ-
ing a breakdown by State. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for the pur-
poses of carrying out this section— 
(1) $15,000,000 for fiscal year 2008; 
(2) $30,000,000 for fiscal year 2009; 
(3) $45,000,000 for fiscal year 2010; 
(4) $60,000,000 for fiscal year 2011; and 
(5) $70,000,000 for fiscal year 2012.
490 
Subtitle B—Geothermal Energy 
SEC. 611. SHORT TITLE. 
This subtitle may be cited as the ‘‘Advanced Geo-
thermal Energy Research and Development Act of 2007’’. 
SEC. 612. DEFINITIONS. 
For purposes of this subtitle: 
(1) ENGINEERED.—When referring to enhanced 
geothermal systems, the term ‘‘engineered’’ means sub-
jected to intervention, including intervention to ad-
dress one or more of the following issues: 
(A) Lack of effective permeability or poros-
ity or open fracture connectivity within the res-
ervoir. 
(B) Insufficient contained geofluid in the 
reservoir. 
(C) A low average geothermal gradient, 
which necessitates deeper drilling. 
(2) ENHANCED
GEOTHERMAL
SYSTEMS.—The 
term ‘‘enhanced geothermal systems’’ means geo-
thermal reservoir systems that are engineered, as op-
posed to occurring naturally. 
(3) GEOFLUID.—The term ‘‘geofluid’’ means any 
fluid used to extract thermal energy from the Earth 
which is transported to the surface for direct use or
491 
electric power generation, except that such term shall 
not include oil or natural gas. 
(4) GEOPRESSURED
RESOURCES.—The term 
‘‘geopressured resources’’ mean geothermal deposits 
found in sedimentary rocks under higher than normal 
pressure and saturated with gas or methane. 
(5) GEOTHERMAL.—The term ‘‘geothermal’’ re-
fers to heat energy stored in the Earth’s crust that 
can be accessed for direct use or electric power genera-
tion. 
(6) HYDROTHERMAL.—The term ‘‘hydrothermal’’ 
refers to naturally occurring subsurface reservoirs of 
hot water or steam. 
(7) SYSTEMS
APPROACH.—The term ‘‘systems 
approach’’ means an approach to solving problems or 
designing systems that attempts to optimize the per-
formance of the overall system, rather than a par-
ticular component of the system. 
SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall support pro-
grams of research, development, demonstration, and com-
mercial application to expand the use of geothermal energy 
production from hydrothermal systems, including the pro-
grams described in subsection (b). 
(b) PROGRAMS.—
492 
(1) 
ADVANCED
HYDROTHERMAL
RESOURCE 
TOOLS.—The Secretary, in consultation with other 
appropriate agencies, shall support a program to de-
velop advanced geophysical, geochemical, and geologic 
tools to assist in locating hidden hydrothermal re-
sources, and to increase the reliability of site charac-
terization before, during, and after initial drilling. 
The program shall develop new prospecting techniques 
to assist in prioritization of targets for characteriza-
tion. The program shall include a field component. 
(2) INDUSTRY
COUPLED
EXPLORATORY
DRILL-
ING.—The Secretary shall support a program of cost- 
shared field demonstration programs, to be pursued, 
simultaneously and independently, in collaboration 
with industry partners, for the demonstration of ad-
vanced technologies and techniques of siting and ex-
ploratory drilling for undiscovered resources in a va-
riety of geologic settings. The program shall include 
incentives to encourage the use of advanced tech-
nologies and techniques. 
SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND 
DEVELOPMENT. 
(a) SUBSURFACE COMPONENTS AND SYSTEMS.—The 
Secretary shall support a program of research, development, 
demonstration, and commercial application of components
493 
and systems capable of withstanding extreme geothermal 
environments and necessary to cost-effectively develop, 
produce, and monitor geothermal reservoirs and produce 
geothermal energy. These components and systems shall in-
clude advanced casing systems (expandable tubular casing, 
low-clearance casing designs, and others), high-temperature 
cements, high-temperature submersible pumps, and high- 
temperature packers, as well as technologies for under-ream-
ing, multilateral completions, high-temperature and high- 
pressure logging, logging while drilling, deep fracture stim-
ulation, and reservoir system diagnostics. 
(b) RESERVOIR PERFORMANCE MODELING.—The Sec-
retary shall support a program of research, development, 
demonstration, and commercial application of models of 
geothermal reservoir performance, with an emphasis on ac-
curately modeling performance over time. Models shall be 
developed to assist both in the development of geothermal 
reservoirs and to more accurately account for stress-related 
effects in stimulated hydrothermal and enhanced geothermal 
systems production environments. 
(c) ENVIRONMENTAL IMPACTS.—The Secretary shall— 
(1) support a program of research, development, 
demonstration, and commercial application of tech-
nologies and practices designed to mitigate or pre-
clude potential adverse environmental impacts of geo-
494 
thermal energy development, production or use, and 
seek to ensure that geothermal energy development is 
consistent with the highest practicable standards of 
environmental stewardship; 
(2) in conjunction with the Assistant Adminis-
trator for Research and Development at the Environ-
mental Protection Agency, support a research pro-
gram to identify potential environmental impacts of 
geothermal energy development, production, and use, 
and ensure that the program described in paragraph 
(1) addresses such impacts, including effects on 
groundwater and local hydrology; and 
(3) support a program of research to compare 
the potential environmental impacts identified as 
part of the development, production, and use of geo-
thermal energy with the potential emission reductions 
of greenhouse gases gained by geothermal energy de-
velopment, production, and use. 
SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH 
AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall support a pro-
gram of research, development, demonstration, and commer-
cial application for enhanced geothermal systems, including 
the programs described in subsection (b). 
(b) PROGRAMS.—
495 
(1) ENHANCED
GEOTHERMAL
SYSTEMS
TECH-
NOLOGIES.—The Secretary shall support a program 
of research, development, demonstration, and commer-
cial application of the technologies and knowledge 
necessary for enhanced geothermal systems to advance 
to a state of commercial readiness, including advances 
in— 
(A) reservoir stimulation; 
(B) reservoir characterization, monitoring, 
and modeling; 
(C) stress mapping; 
(D) tracer development; 
(E) three-dimensional tomography; and 
(F) understanding seismic effects of res-
ervoir engineering and stimulation. 
(2) ENHANCED
GEOTHERMAL
SYSTEMS
RES-
ERVOIR STIMULATION.— 
(A) PROGRAM.—In collaboration with in-
dustry partners, the Secretary shall support a 
program of research, development, and dem-
onstration of enhanced geothermal systems res-
ervoir stimulation technologies and techniques. A 
minimum of 4 sites shall be selected in locations 
that show particular promise for enhanced geo-
thermal systems development. Each site shall—
496 
(i) represent a different class of sub-
surface geologic environments; and 
(ii) take advantage of an existing site 
where subsurface characterization has been 
conducted or existing drill holes can be uti-
lized, if possible. 
(B) CONSIDERATION OF EXISTING SITE.— 
The Desert Peak, Nevada, site, where a Depart-
ment of Energy and industry cooperative en-
hanced geothermal systems project is already un-
derway, may be considered for inclusion among 
the sites selected under subparagraph (A). 
SEC. 616. GEOTHERMAL ENERGY PRODUCTION FROM OIL 
AND GAS FIELDS AND RECOVERY AND PRO-
DUCTION 
OF 
GEOPRESSURED 
GAS 
RE-
SOURCES. 
(a) IN GENERAL.—The Secretary shall establish a pro-
gram of research, development, demonstration, and commer-
cial application to support development of geothermal en-
ergy production from oil and gas fields and production and 
recovery of energy, including electricity, from geopressured 
resources. In addition, the Secretary shall conduct such sup-
porting activities including research, resource characteriza-
tion, and technology development as necessary.
497 
(b) GEOTHERMAL ENERGY PRODUCTION FROM OIL 
AND GAS FIELDS.—The Secretary shall implement a grant 
program in support of geothermal energy production from 
oil and gas fields. The program shall include grants for a 
total of not less than three demonstration projects of the 
use of geothermal techniques such as advanced organic 
rankine cycle systems at marginal, unproductive, and pro-
ductive oil and gas wells. The Secretary shall, to the extent 
practicable and in the public interest, make awards that— 
(1) include not less than five oil or gas well sites 
per project award; 
(2) use a range of oil or gas well hot water 
source temperatures from 150 degrees Fahrenheit to 
300 degrees Fahrenheit; 
(3) cover a range of sizes up to one megawatt; 
(4) are located at a range of sites; 
(5) can be replicated at a wide range of sites; 
(6) facilitate identification of optimum tech-
niques among competing alternatives; 
(7) include business commercialization plans 
that have the potential for production of equipment at 
high volumes and operation and support at a large 
number of sites; and
498 
(8) satisfy other criteria that the Secretary deter-
mines are necessary to carry out the program and 
collect necessary data and information. 
The Secretary shall give preference to assessments that ad-
dress multiple elements contained in paragraphs (1) 
through (8). 
(c) GRANT AWARDS.—Each grant award for dem-
onstration of geothermal technology such as advanced or-
ganic rankine cycle systems at oil and gas wells made by 
the Secretary under subsection (b) shall include— 
(1) necessary and appropriate site engineering 
study; 
(2) detailed economic assessment of site specific 
conditions; 
(3) appropriate feasibility studies to determine 
whether the demonstration can be replicated; 
(4) design or adaptation of existing technology 
for site specific circumstances or conditions; 
(5) installation of equipment, service, and sup-
port; 
(6) operation for a minimum of one year and 
monitoring for the duration of the demonstration; and 
(7) validation of technical and economic assump-
tions and documentation of lessons learned.
499 
(d) GEOPRESSURED GAS RESOURCE RECOVERY AND 
PRODUCTION.—(1) The Secretary shall implement a pro-
gram to support the research, development, demonstration, 
and commercial application of cost-effective techniques to 
produce energy from geopressured resources. 
(2) The Secretary shall solicit preliminary engineering 
designs for geopressured resources production and recovery 
facilities. 
(3) Based upon a review of the preliminary designs, 
the Secretary shall award grants, which may be cost-shared, 
to support the detailed development and completion of engi-
neering, architectural and technical plans needed to support 
construction of new designs. 
(4) Based upon a review of the final design plans 
above, the Secretary shall award cost-shared development 
and construction grants for demonstration geopressured 
production facilities that show potential for economic recov-
ery of the heat, kinetic energy and gas resources from 
geopressured resources. 
(e) COMPETITIVE GRANT SELECTION.—Not less than 
90 days after the date of the enactment of this Act, the Sec-
retary shall conduct a national solicitation for applications 
for grants under the programs outlined in subsections (b) 
and (d). Grant recipients shall be selected on a competitive 
basis based on criteria in the respective subsection.
500 
(f) WELL DRILLING.—No funds may be used under 
this section for the purpose of drilling new wells. 
SEC. 617. COST SHARING AND PROPOSAL EVALUATION. 
(a) FEDERAL SHARE.—The Federal share of costs of 
projects funded under this subtitle shall be in accordance 
with section 988 of the Energy Policy Act of 2005. 
(b) ORGANIZATION
AND ADMINISTRATION
OF PRO-
GRAMS.—Programs under this subtitle shall incorporate the 
following elements: 
(1) The Secretary shall coordinate with, and 
where appropriate may provide funds in furtherance 
of the purposes of this subtitle to, other Department 
of Energy research and development programs focused 
on drilling, subsurface characterization, and other re-
lated technologies. 
(2) In evaluating proposals, the Secretary shall 
give priority to proposals that demonstrate clear evi-
dence of employing a systems approach. 
(3) The Secretary shall coordinate and consult 
with the appropriate Federal land management agen-
cies in selecting proposals for funding under this sub-
title. 
(4) Nothing in this subtitle shall be construed to 
alter or affect any law relating to the management or 
protection of Federal lands.
501 
SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANS-
FER. 
(a) IN GENERAL.—The Secretary shall award to an 
institution of higher education (or consortium thereof) a 
grant to establish a Center for Geothermal Technology 
Transfer (referred to in this section as the ‘‘Center’’). 
(b) DUTIES.—The Center shall— 
(1) serve as an information clearinghouse for the 
geothermal industry by collecting and disseminating 
information on best practices in all areas relating to 
developing and utilizing geothermal resources; 
(2) make data collected by the Center available 
to the public; and 
(3) seek opportunities to coordinate efforts and 
share information with domestic and international 
partners engaged in research and development of geo-
thermal systems and related technology. 
(c) SELECTION CRITERIA.—In awarding the grant 
under subsection (a) the Secretary shall select an institution 
of higher education (or consortium thereof) best suited to 
provide national leadership on geothermal related issues 
and perform the duties enumerated under subsection (b). 
(d) DURATION OF GRANT.—A grant made under sub-
section (a)— 
(1) shall be for an initial period of 5 years; and
502 
(2) may be renewed for additional 5-year periods 
on the basis of— 
(A) satisfactory performance in meeting the 
duties outlined in subsection (b); and 
(B) any other requirements specified by the 
Secretary. 
SEC. 619. GEOPOWERING AMERICA. 
The Secretary shall expand the Department of Ener-
gy’s GeoPowering the West program to extend its geo-
thermal technology transfer activities throughout the entire 
United 
States. 
The 
program 
shall 
be 
renamed 
‘‘GeoPowering America’’. The program shall continue to be 
based in the Department of Energy office in Golden, Colo-
rado. 
SEC. 620. EDUCATIONAL PILOT PROGRAM. 
The Secretary shall seek to award grant funding, on 
a competitive basis, to an institution of higher education 
for a geothermal-powered energy generation facility on the 
institution’s campus. The purpose of the facility shall be 
to provide electricity and space heating. The facility shall 
also serve as an educational resource to students in relevant 
fields of study, and the data generated by the facility shall 
be available to students and the general public. The total 
funding award shall not exceed $2,000,000.
504 
of 60 months, the Secretary shall submit to Congress a re-
port on the results of projects undertaken under this subtitle 
and other such information the Secretary considers appro-
priate. 
(2) As necessary, the Secretary shall report to the Con-
gress on any legal, regulatory, or other barriers encountered 
that hinder economic development of these resources, and 
provide recommendations on legislative or other actions 
needed to address such impediments. 
SEC. 622. APPLICABILITY OF OTHER LAWS. 
Nothing in this subtitle shall be construed as waiving, 
modifying, or superseding the applicability of any require-
ment under any environmental or other Federal or State 
law. To the extent that activities authorized in this subtitle 
take place in coastal and ocean areas, the Secretary shall 
consult with the Secretary of Commerce, acting through the 
Under Secretary of Commerce for Oceans and Atmosphere, 
regarding the potential marine environmental impacts and 
measures to address such impacts. 
SEC. 623. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary to carry out this subtitle $90,000,000 for each of the 
fiscal years 2008 through 2012, of which $10,000,000 for 
each fiscal year shall be for carrying out section 616. There 
are also authorized to be appropriated to the Secretary for
505 
the Intermountain West Geothermal Consortium $5,000,000 
for each of the fiscal years 2008 through 2012. 
SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVEL-
OPMENT. 
(a) IN GENERAL.—The Secretary of Energy, in coordi-
nation with other appropriate Federal and multilateral 
agencies (including the United States Agency for Inter-
national Development) shall support international collabo-
rative efforts to promote the research, development, and de-
ployment of geothermal technologies used to develop hydro-
thermal and enhanced geothermal system resources, includ-
ing as partners (as appropriate) the African Rift Geo-
thermal Development Facility, Australia, China, France, 
the Republic of Iceland, India, Japan, and the United 
Kingdom. 
(b) UNITED
STATES
TRADE
AND
DEVELOPMENT 
AGENCY.—The Director of the United States Trade and De-
velopment Agency may— 
(1) encourage participation by United States 
firms in actions taken to carry out subsection (a); 
and 
(2) provide grants and other financial support 
for feasibility and resource assessment studies con-
ducted in, or intended to benefit, less developed coun-
tries.
506 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2008 through 2012. 
SEC. 625. HIGH COST REGION GEOTHERMAL ENERGY 
GRANT PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a utility; 
(B) an electric cooperative; 
(C) a State; 
(D) a political subdivision of a State; 
(E) an Indian tribe; or 
(F) a Native corporation. 
(2) HIGH-COST
REGION.—The term ‘‘high-cost 
region’’ means a region in which the average cost of 
electrical power exceeds 150 percent of the national 
average retail cost, as determined by the Secretary. 
(b) PROGRAM.—The Secretary shall use amounts made 
available to carry out this section to make grants to eligible 
entities for activities described in subsection (c). 
(c) ELIGIBLE ACTIVITIES.—An eligible entity may use 
grant funds under this section, with respect to a geothermal 
energy project in a high-cost region, only—
507 
(1) to conduct a feasibility study, including a 
study of exploration, geochemical testing, geomagnetic 
surveys, geologic information gathering, baseline envi-
ronmental studies, well drilling, resource character-
ization, permitting, and economic analysis; 
(2) for design and engineering costs, relating to 
the project; and 
(3) to demonstrate and promote commercial ap-
plication of technologies related to geothermal energy 
as part of the project. 
(d) COST SHARING.—The cost-sharing requirements of 
section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
16352) shall apply to any project carried out under this 
section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
Subtitle 
C—Marine 
and 
Hydrokinetic Renewable Energy 
Technologies 
SEC. 631. SHORT TITLE. 
This subtitle may be cited as the ‘‘Marine and 
Hydrokinetic Renewable Energy Research and Development 
Act’’.
508 
SEC. 632. DEFINITION. 
For purposes of this subtitle, the term ‘‘marine and 
hydrokinetic renewable energy’’ means electrical energy 
from—: 
(1) waves, tides, and currents in oceans, estu-
aries, and tidal areas; 
(2) free flowing water in rivers, lakes, and 
streams; 
(3) free flowing water in man-made channels; 
and 
(4) differentials in ocean temperature (ocean 
thermal energy conversion). 
The term ‘‘marine and hydrokinetic renewable energy’’ does 
not include energy from any source that uses a dam, diver-
sionary structure, or impoundment for electric power pur-
poses. 
SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN-
ERGY RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary, in consultation with 
the Secretary of the Interior and the Secretary of Com-
merce, acting through the Under Secretary of Commerce for 
Oceans and Atmosphere, shall establish a program of re-
search, development, demonstration, and commercial appli-
cation to expand marine and hydrokinetic renewable energy 
production, including programs to—
509 
(1) study and compare existing marine and 
hydrokinetic renewable energy technologies; 
(2) research, develop, and demonstrate marine 
and hydrokinetic renewable energy systems and tech-
nologies; 
(3) reduce the manufacturing and operation 
costs of marine and hydrokinetic renewable energy 
technologies; 
(4) investigate efficient and reliable integration 
with the utility grid and intermittency issues; 
(5) advance wave forecasting technologies; 
(6) conduct experimental and numerical mod-
eling for optimization of marine energy conversion 
devices and arrays; 
(7) increase the reliability and survivability of 
marine and hydrokinetic renewable energy tech-
nologies, including development of corrosive-resistant 
materials; 
(8) identify, in conjunction with the Secretary of 
Commerce, acting through the Under Secretary of 
Commerce for Oceans and Atmosphere, and other 
Federal agencies as appropriate, the potential envi-
ronmental impacts, including potential impacts on 
fisheries and other marine resources, of marine and 
hydrokinetic renewable energy technologies, measures
510 
to prevent adverse impacts, and technologies and 
other means available for monitoring and deter-
mining environmental impacts; 
(9) identify, in conjunction with the Secretary of 
the Department in which the United States Coast 
Guard is operating, acting through the Commandant 
of the United States Coast Guard, the potential navi-
gational impacts of marine and hydrokinetic renew-
able energy technologies and measures to prevent ad-
verse impacts on navigation; 
(10) develop power measurement standards for 
marine and hydrokinetic renewable energy; 
(11) develop identification standards for marine 
and hydrokinetic renewable energy devices; 
(12) address standards development, demonstra-
tion, and technology transfer for advanced systems en-
gineering and system integration methods to identify 
critical interfaces; 
(13) identifying opportunities for cross fertiliza-
tion and development of economies of scale between 
other renewable sources and marine and hydrokinetic 
renewable energy sources; and 
(14) providing public information and oppor-
tunity for public comment concerning all technologies.
511 
(b) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary, in conjunction with 
the Secretary of Commerce, acting through the Undersecre-
tary of Commerce for Oceans and Atmosphere, and the Sec-
retary of the Interior, shall provide to the Congress a report 
that addresses— 
(1) the potential environmental impacts, includ-
ing impacts to fisheries and marine resources, of ma-
rine and hydrokinetic renewable energy technologies; 
(2) options to prevent adverse environmental im-
pacts; 
(3) the potential role of monitoring and adaptive 
management in identifying and addressing any ad-
verse environmental impacts; and 
(4) the necessary components of such an adaptive 
management program. 
SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RE-
SEARCH, DEVELOPMENT, AND DEMONSTRA-
TION CENTERS. 
(a) CENTERS.—The Secretary shall award grants to 
institutions of higher education (or consortia thereof) for 
the establishment of 1 or more National Marine Renewable 
Energy Research, Development, and Demonstration Cen-
ters. In selecting locations for Centers, the Secretary shall 
consider sites that meet one of the following criteria:
512 
(1) Hosts an existing marine renewable energy 
research and development program in coordination 
with an engineering program at an institution of 
higher education. 
(2) Has proven expertise to support environ-
mental and policy-related issues associated with har-
nessing of energy in the marine environment. 
(3) Has access to and utilizes the marine re-
sources in the Gulf of Mexico, the Atlantic Ocean, or 
the Pacific Ocean. 
The Secretary may give special consideration to historically 
black colleges and universities and land grant universities 
that also meet one of these criteria. In establishing criteria 
for the selection of the Centers, the Secretary shall consult 
with the Secretary of Commerce, acting through the Under 
Secretary of Commerce for Oceans and Atmosphere, on the 
criteria related to ocean waves, tides, and currents includ-
ing those for advancing wave forecasting technologies, ocean 
temperature differences, and studying the compatibility of 
marine renewable energy technologies and systems with the 
environment, fisheries, and other marine resources. 
(b) PURPOSES.—The Centers shall advance research, 
development, demonstration, and commercial application of 
marine renewable energy, and shall serve as an information 
clearinghouse for the marine renewable energy industry,
513 
collecting and disseminating information on best practices 
in all areas related to developing and managing enhanced 
marine renewable energy systems resources. 
(c) DEMONSTRATION OF NEED.—When applying for a 
grant under this section, an applicant shall include a de-
scription of why Federal support is necessary for the Center, 
including evidence that the research of the Center will not 
be conducted in the absence of Federal support. 
SEC. 635. APPLICABILITY OF OTHER LAWS. 
Nothing in this subtitle shall be construed as waiving, 
modifying, or superseding the applicability of any require-
ment under any environmental or other Federal or State 
law. 
SEC. 636. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary to carry out this subtitle $50,000,000 for each of the 
fiscal years 2008 through 2012, except that no funds shall 
be appropriated under this section for activities that are 
receiving funds under section 931(a)(2)(E)(i) of the Energy 
Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).
514 
Subtitle D—Energy Storage for 
Transportation and Electric Power 
SEC. 641. ENERGY STORAGE COMPETITIVENESS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘United States Energy Storage Competitiveness Act of 
2007’’. 
(b) DEFINITIONS.—In this section: 
(1) COUNCIL.—The term ‘‘Council’’ means the 
Energy Storage Advisory Council established under 
subsection (e). 
(2) COMPRESSED
AIR
ENERGY
STORAGE.—The 
term ‘‘compressed air energy storage’’ means, in the 
case of an electricity grid application, the storage of 
energy through the compression of air. 
(3) ELECTRIC DRIVE VEHICLE.—The term ‘‘elec-
tric drive vehicle’’ means— 
(A) a vehicle that uses an electric motor for 
all or part of the motive power of the vehicle, in-
cluding battery electric, hybrid electric, plug-in 
hybrid electric, fuel cell, and plug-in fuel cell ve-
hicles and rail transportation vehicles; or 
(B) mobile equipment that uses an electric 
motor to replace an internal combustion engine 
for all or part of the work of the equipment.
515 
(4) ISLANDING.—The term ‘‘islanding’’ means a 
distributed generator or energy storage device con-
tinuing to power a location in the absence of electric 
power from the primary source. 
(5) FLYWHEEL.—The term ‘‘flywheel’’ means, in 
the case of an electricity grid application, a device 
used to store rotational kinetic energy. 
(6) MICROGRID.—The term ‘‘microgrid’’ means 
an integrated energy system consisting of inter-
connected loads and distributed energy resources (in-
cluding generators and energy storage devices), which 
as an integrated system can operate in parallel with 
the utility grid or in an intentional islanding mode. 
(7) SELF-HEALING GRID.—The term ‘‘self-heal-
ing grid’’ means a grid that is capable of automati-
cally anticipating and responding to power system 
disturbances (including the isolation of failed sections 
and components), while optimizing the performance 
and service of the grid to customers. 
(8) SPINNING
RESERVE
SERVICES.—The term 
‘‘spinning reserve services’’ means a quantity of elec-
tric generating capacity in excess of the quantity 
needed to meet peak electric demand. 
(9) 
ULTRACAPACITOR.—The 
term 
‘‘ultracapacitor’’ means an energy storage device that
516 
has a power density comparable to a conventional ca-
pacitor but is capable of exceeding the energy density 
of a conventional capacitor by several orders of mag-
nitude. 
(c) PROGRAM.—The Secretary shall carry out a re-
search, development, and demonstration program to sup-
port the ability of the United States to remain globally com-
petitive in energy storage systems for electric drive vehicles, 
stationary applications, and electricity transmission and 
distribution. 
(d) COORDINATION.—In carrying out the activities of 
this section, the Secretary shall coordinate relevant efforts 
with appropriate Federal agencies, including the Depart-
ment of Transportation. 
(e) ENERGY STORAGE ADVISORY COUNCIL.— 
(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this Act, the Secretary 
shall establish an Energy Storage Advisory Council. 
(2) COMPOSITION.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), the Council shall consist of not less than 15 
individuals appointed by the Secretary, based on 
recommendations of the National Academy of 
Sciences.
517 
(B) ENERGY
STORAGE
INDUSTRY.—The 
Council shall consist primarily of representatives 
of the energy storage industry of the United 
States. 
(C) CHAIRPERSON.—The Secretary shall se-
lect a Chairperson for the Council from among 
the members appointed under subparagraph (A). 
(3) MEETINGS.— 
(A) IN GENERAL.—The Council shall meet 
not less than once a year. 
(B) FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. 
App.) shall apply to a meeting of the Council. 
(4) PLANS.—No later than 1 year after the date 
of enactment of this Act and every 5 years thereafter, 
the Council, in conjunction with the Secretary, shall 
develop a 5-year plan for integrating basic and ap-
plied research so that the United States retains a 
globally competitive domestic energy storage industry 
for electric drive vehicles, stationary applications, 
and electricity transmission and distribution. 
(5) REVIEW.—The Council shall— 
(A) assess, every 2 years, the performance of 
the Department in meeting the goals of the plans 
developed under paragraph (4); and
518 
(B) make specific recommendations to the 
Secretary on programs or activities that should 
be established or terminated to meet those goals. 
(f) BASIC RESEARCH PROGRAM.— 
(1) BASIC RESEARCH.—The Secretary shall con-
duct a basic research program on energy storage sys-
tems to support electric drive vehicles, stationary ap-
plications, and electricity transmission and distribu-
tion, including— 
(A) materials design; 
(B) materials synthesis and characteriza-
tion; 
(C) electrode-active materials, including 
electrolytes and bioelectrolytes; 
(D) surface and interface dynamics; 
(E) modeling and simulation; and 
(F) thermal behavior and life degradation 
mechanisms. 
(2) NANOSCIENCE CENTERS.—The Secretary, in 
cooperation with the Council, shall coordinate the ac-
tivities of the nanoscience centers of the Department 
to help the energy storage research centers of the De-
partment maintain a globally competitive posture in 
energy storage systems for electric drive vehicles, sta-
519 
tionary applications, and electricity transmission 
and distribution. 
(3) FUNDING.—For activities carried out under 
this subsection, in addition to funding activities at 
National Laboratories, the Secretary shall award 
funds to, and coordinate activities with, a range of 
stakeholders including the public, private, and aca-
demic sectors. 
(g) APPLIED RESEARCH PROGRAM.— 
(1) IN GENERAL.—The Secretary shall conduct 
an applied research program on energy storage sys-
tems to support electric drive vehicles, stationary ap-
plications, and electricity transmission and distribu-
tion technologies, including— 
(A) ultracapacitors; 
(B) flywheels; 
(C) batteries and battery systems (including 
flow batteries); 
(D) compressed air energy systems; 
(E) power conditioning electronics; 
(F) manufacturing technologies for energy 
storage systems; 
(G) thermal management systems; and 
(H) hydrogen as an energy storage medium.
520 
(2) FUNDING.—For activities carried out under 
this subsection, in addition to funding activities at 
National Laboratories, the Secretary shall provide 
funds to, and coordinate activities with, a range of 
stakeholders, including the public, private, and aca-
demic sectors. 
(h) ENERGY STORAGE RESEARCH CENTERS.— 
(1) IN GENERAL.—The Secretary shall establish, 
through competitive bids, not more than 4 energy 
storage research centers to translate basic research 
into applied technologies to advance the capability of 
the United States to maintain a globally competitive 
posture in energy storage systems for electric drive ve-
hicles, stationary applications, and electricity trans-
mission and distribution. 
(2) PROGRAM MANAGEMENT.—The centers shall 
be managed by the Under Secretary for Science of the 
Department. 
(3) PARTICIPATION AGREEMENTS.—As a condi-
tion of participating in a center, a participant shall 
enter into a participation agreement with the center 
that requires that activities conducted by the partici-
pant for the center promote the goal of enabling the 
United States to compete successfully in global energy 
storage markets.
521 
(4) PLANS.—A center shall conduct activities 
that promote the achievement of the goals of the plans 
of the Council under subsection (e)(4). 
(5) NATIONAL LABORATORIES.—A national lab-
oratory (as defined in section 2 of the Energy Policy 
Act of 2005 (42 U.S.C. 15801)) may participate in 
a center established under this subsection, including a 
cooperative research and development agreement (as 
defined in section 12(d) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 
3710a(d))). 
(6) DISCLOSURE.—Section 623 of the Energy 
Policy Act of 1992 (42 U.S.C. 13293) may apply to 
any project carried out through a grant, contract, or 
cooperative agreement under this subsection. 
(7) INTELLECTUAL
PROPERTY.—In accordance 
with section 202(a)(ii) of title 35, United States Code, 
section 152 of the Atomic Energy Act of 1954 (42 
U.S.C. 2182), and section 9 of the Federal Nonnuclear 
Energy Research and Development Act of 1974 (42 
U.S.C. 5908), the Secretary may require, for any new 
invention developed under this subsection, that— 
(A) if an industrial participant is active in 
a energy storage research center established 
under this subsection relating to the advance-
522 
ment of energy storage technologies carried out, 
in whole or in part, with Federal funding, the 
industrial participant be granted the first option 
to negotiate with the invention owner, at least in 
the field of energy storage technologies, nonexclu-
sive licenses, and royalties on terms that are rea-
sonable, as determined by the Secretary; 
(B) if 1 or more industry participants are 
active in a center, during a 2-year period begin-
ning on the date on which an invention is 
made— 
(i) the patent holder shall not negotiate 
any license or royalty agreement with any 
entity that is not an industrial participant 
under this subsection; and 
(ii) the patent holder shall negotiate 
nonexclusive licenses and royalties in good 
faith with any interested industrial partici-
pant under this subsection; and 
(C) the new invention be developed under 
such other terms as the Secretary determines to 
be necessary to promote the accelerated commer-
cialization of inventions made under this sub-
section to advance the capability of the United
523 
States to successfully compete in global energy 
storage markets. 
(i) ENERGY STORAGE SYSTEMS DEMONSTRATIONS.— 
(1) IN GENERAL.—The Secretary shall carry out 
a program of new demonstrations of advanced energy 
storage systems. 
(2) SCOPE.—The demonstrations shall— 
(A) be regionally diversified; and 
(B) expand on the existing technology dem-
onstration program of the Department. 
(3) STAKEHOLDERS.—In carrying out the dem-
onstrations, the Secretary shall, to the maximum ex-
tent practicable, include the participation of a range 
of stakeholders, including— 
(A) rural electric cooperatives; 
(B) investor owned utilities; 
(C) municipally owned electric utilities; 
(D) energy storage systems manufacturers; 
(E) electric drive vehicle manufacturers; 
(F) the renewable energy production indus-
try; 
(G) State or local energy offices; 
(H) the fuel cell industry; and 
(I) institutions of higher education.
524 
(4) OBJECTIVES.—Each of the demonstrations 
shall include 1 or more of the following: 
(A) Energy storage to improve the feasi-
bility of microgrids or islanding, or transmission 
and distribution capability, to improve reli-
ability in rural areas. 
(B) Integration of an energy storage system 
with a self-healing grid. 
(C) Use of energy storage to improve secu-
rity to emergency response infrastructure and 
ensure availability of emergency backup power 
for consumers. 
(D) Integration with a renewable energy 
production source, at the source or away from 
the source. 
(E) Use of energy storage to provide ancil-
lary services, such as spinning reserve services, 
for grid management. 
(F) Advancement of power conversion sys-
tems to make the systems smarter, more efficient, 
able to communicate with other inverters, and 
able to control voltage. 
(G) Use of energy storage to optimize trans-
mission and distribution operation and power 
quality, which could address overloaded lines
525 
and maintenance of transformers and sub-
stations. 
(H) Use of advanced energy storage for peak 
load management of homes, businesses, and the 
grid. 
(I) Use of energy storage devices to store en-
ergy during nonpeak generation periods to make 
better use of existing grid assets. 
(j) VEHICLE ENERGY STORAGE DEMONSTRATION.— 
(1) IN GENERAL.—The Secretary shall carry out 
a program of electric drive vehicle energy storage 
technology demonstrations. 
(2) CONSORTIA.—The technology demonstrations 
shall be conducted through consortia, which may in-
clude— 
(A) energy storage systems manufacturers 
and suppliers of the manufacturers; 
(B) electric drive vehicle manufacturers; 
(C) rural electric cooperatives; 
(D) investor owned utilities; 
(E) municipal and rural electric utilities; 
(F) State and local governments; 
(G) metropolitan transportation authorities; 
and 
(H) institutions of higher education.
526 
(3) OBJECTIVES.—The program shall dem-
onstrate 1 or more of the following: 
(A) Novel, high capacity, high efficiency en-
ergy storage, charging, and control systems, 
along with the collection of data on performance 
characteristics, such as battery life, energy stor-
age capacity, and power delivery capacity. 
(B) Advanced onboard energy management 
systems and highly efficient battery cooling sys-
tems. 
(C) Integration of those systems on a proto-
type 
vehicular 
platform, 
including 
with 
drivetrain systems for passenger, commercial, 
and nonroad electric drive vehicles. 
(D) New technologies and processes that re-
duce manufacturing costs. 
(E) Integration of advanced vehicle tech-
nologies with electricity distribution system and 
smart metering technology. 
(F) Control systems that minimize emis-
sions profiles in cases in which clean diesel en-
gines are part of a plug-in hybrid drive system. 
(k) SECONDARY APPLICATIONS
AND DISPOSAL
OF 
ELECTRIC DRIVE VEHICLE BATTERIES.—The Secretary
527 
shall carry out a program of research, development, and 
demonstration of— 
(1) secondary applications of energy storage de-
vices following service in electric drive vehicles; and 
(2) technologies and processes for final recycling 
and disposal of the devices. 
(l) COST SHARING.—The Secretary shall carry out the 
programs established under this section in accordance with 
section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
16352). 
(m) MERIT REVIEW OF PROPOSALS.—The Secretary 
shall carry out the programs established under subsections 
(i), (j), and (k) in accordance with section 989 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16353). 
(n) COORDINATION
AND NONDUPLICATION.—To the 
maximum extent practicable, the Secretary shall coordinate 
activities under this section with other programs and lab-
oratories of the Department and other Federal research pro-
grams. 
(o) REVIEW BY NATIONAL ACADEMY OF SCIENCES.— 
On the business day that is 5 years after the date of enact-
ment of this Act, the Secretary shall offer to enter into an 
arrangement with the National Academy of Sciences to as-
sess the performance of the Department in carrying out this 
section.
528 
(p) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out— 
(1) the basic research program under subsection 
(f) $50,000,000 for each of fiscal years 2009 through 
2018; 
(2) the applied research program under sub-
section (g) $80,000,000 for each of fiscal years 2009 
through 2018; and; 
(3) the energy storage research center program 
under subsection (h) $100,000,000 for each of fiscal 
years 2009 through 2018; 
(4) the energy storage systems demonstration 
program under subsection (i) $30,000,000 for each of 
fiscal years 2009 through 2018; 
(5) the vehicle energy storage demonstration pro-
gram under subsection (j) $30,000,000 for each of fis-
cal years 2009 through 2018; and 
(6) the secondary applications and disposal of 
electric drive vehicle batteries program under sub-
section (k) $5,000,000 for each of fiscal years 2009 
through 2018.
529 
Subtitle E—Miscellaneous 
Provisions 
SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DE-
VELOPMENT. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, the Secretary of Energy shall 
establish a program to determine ways in which the weight 
of motor vehicles could be reduced to improve fuel efficiency 
without compromising passenger safety by conducting re-
search, development, and demonstration relating to— 
(1) the development of new materials (including 
cast 
metal 
composite 
materials 
formed 
by 
autocombustion synthesis) and material processes that 
yield a higher strength-to-weight ratio or other prop-
erties that reduce vehicle weight; and 
(2) reducing the cost of— 
(A) lightweight materials (including high- 
strength steel alloys, aluminum, magnesium, 
metal composites, and carbon fiber reinforced 
polymer composites) with the properties required 
for construction of lighter-weight vehicles; and 
(B) materials processing, automated manu-
facturing, joining, and recycling lightweight ma-
terials for high-volume applications.
530 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$80,000,000 for the period of fiscal years 2008 through 
2012. 
SEC. 
652. 
COMMERCIAL 
INSULATION 
DEMONSTRATION 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED
INSULATION.—The term ‘‘ad-
vanced insulation’’ means insulation that has an R 
value of not less than R35 per inch. 
(2) COVERED REFRIGERATION UNIT.—The term 
‘‘covered refrigeration unit’’ means any— 
(A) commercial refrigerated truck; 
(B) commercial refrigerated trailer; or 
(C) commercial refrigerator, freezer, or re-
frigerator-freezer described in section 342(c) of 
the Energy Policy and Conservation Act (42 
U.S.C. 6313(c)). 
(b) REPORT.—Not later than 90 days after the date 
of enactment of this Act, the Secretary shall submit to Con-
gress a report that includes an evaluation of— 
(1) the state of technological advancement of ad-
vanced insulation; and
531 
(2) the projected amount of cost savings that 
would be generated by implementing advanced insula-
tion into covered refrigeration units. 
(c) DEMONSTRATION PROGRAM.— 
(1) ESTABLISHMENT.—If the Secretary deter-
mines in the report described in subsection (b) that 
the implementation of advanced insulation into cov-
ered refrigeration units would generate an economi-
cally justifiable amount of cost savings, the Secretary, 
in cooperation with manufacturers of covered refrig-
eration units, shall establish a demonstration pro-
gram under which the Secretary shall demonstrate the 
cost-effectiveness of advanced insulation. 
(2) DISCLOSURE.—The Secretary may, for a pe-
riod of up to five years after an award is granted 
under the demonstration program, exempt from man-
datory disclosure under section 552 of title 5, United 
States Code (popularly known as the Freedom of In-
formation Act) information that the Secretary deter-
mines would be a privileged or confidential trade se-
cret or commercial or financial information under 
subsection (b)(4) of such section if the information 
had been obtained from a non-Government party.
532 
(3) COST-SHARING.—Section 988 of the Energy 
Policy Act of 2005 (42 U.S.C. 16352) shall apply to 
any project carried out under this subsection. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$8,000,000 for the period of fiscal years 2009 through 2014. 
SEC. 653. TECHNICAL CRITERIA FOR CLEAN COAL POWER 
INITIATIVE. 
Section 402(b)(1)(B)(ii) of the Energy Policy Act of 
2005 (42 U.S.C. 15962(b)(1)(B)(ii)) is amended by striking 
subclause (I) and inserting the following: 
‘‘(I)(aa) to remove at least 99 per-
cent of sulfur dioxide; or 
‘‘(bb) to emit not more than 0.04 
pound SO2 per million Btu, based on 
a 30-day average;’’. 
SEC. 654. H-PRIZE. 
Section 1008 of the Energy Policy Act of 2005 (42 
U.S.C. 16396) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) H-PRIZE.— 
‘‘(1) PRIZE AUTHORITY.— 
‘‘(A) IN GENERAL.—As part of the program 
under this section, the Secretary shall carry out 
a program to competitively award cash prizes in
533 
conformity with this subsection to advance the 
research, development, demonstration, and com-
mercial application of hydrogen energy tech-
nologies. 
‘‘(B) ADVERTISING
AND
SOLICITATION
OF 
COMPETITORS.— 
‘‘(i) 
ADVERTISING.—The 
Secretary 
shall widely advertise prize competitions 
under this subsection to encourage broad 
participation, including by individuals, 
universities (including historically Black 
colleges and universities and other minority 
serving institutions), and large and small 
businesses (including businesses owned or 
controlled by socially and economically dis-
advantaged persons). 
‘‘(ii) ANNOUNCEMENT THROUGH FED-
ERAL
REGISTER
NOTICE.—The Secretary 
shall announce each prize competition 
under this subsection by publishing a notice 
in the Federal Register. This notice shall 
include essential elements of the competition 
such as the subject of the competition, the 
duration of the competition, the eligibility 
requirements for participation in the com-
534 
petition, the process for participants to reg-
ister for the competition, the amount of the 
prize, and the criteria for awarding the 
prize. 
‘‘(C) ADMINISTERING THE COMPETITIONS.— 
The Secretary shall enter into an agreement with 
a private, nonprofit entity to administer the 
prize competitions under this subsection, subject 
to the provisions of this subsection (in this sub-
section referred to as the ‘administering entity’). 
The duties of the administering entity under the 
agreement shall include— 
‘‘(i) advertising prize competitions 
under this subsection and their results; 
‘‘(ii) raising funds from private enti-
ties and individuals to pay for administra-
tive costs and to contribute to cash prizes, 
including funds provided in exchange for 
the right to name a prize awarded under 
this subsection; 
‘‘(iii) developing, in consultation with 
and subject to the final approval of the Sec-
retary, the criteria for selecting winners in 
prize competitions under this subsection, 
based on goals provided by the Secretary;
535 
‘‘(iv) determining, in consultation with 
the Secretary, the appropriate amount and 
funding sources for each prize to be award-
ed under this subsection, subject to the final 
approval of the Secretary with respect to 
Federal funding; 
‘‘(v) providing advice and consultation 
to the Secretary on the selection of judges in 
accordance with paragraph (2)(D), using 
criteria developed in consultation with and 
subject to the final approval of the Sec-
retary; and 
‘‘(vi) protecting against the admin-
istering entity’s unauthorized use or disclo-
sure of a registered participant’s trade se-
crets and confidential business information. 
Any information properly identified as 
trade secrets or confidential business infor-
mation that is submitted by a participant 
as part of a competitive program under this 
subsection may be withheld from public dis-
closure. 
‘‘(D) FUNDING
SOURCES.—Prizes under 
this subsection shall consist of Federal appro-
priated funds and any funds provided by the ad-
536 
ministering entity (including funds raised pur-
suant to subparagraph (C)(ii)) for such cash 
prize programs. The Secretary may accept funds 
from other Federal agencies for such cash prizes 
and, notwithstanding section 3302(b) of title 31, 
United States Code, may use such funds for the 
cash prize program under this subsection. Other 
than publication of the names of prize sponsors, 
the Secretary may not give any special consider-
ation to any private sector entity or individual 
in return for a donation to the Secretary or ad-
ministering entity. 
‘‘(E) ANNOUNCEMENT
OF
PRIZES.—The 
Secretary may not issue a notice required by 
subparagraph (B)(ii) until all the funds needed 
to pay out the announced amount of the prize 
have been appropriated or committed in writing 
by the administering entity. The Secretary may 
increase the amount of a prize after an initial 
announcement is made under subparagraph 
(B)(ii) if— 
‘‘(i) notice of the increase is provided 
in the same manner as the initial notice of 
the prize; and
537 
‘‘(ii) the funds needed to pay out the 
announced amount of the increase have been 
appropriated or committed in writing by 
the administering entity. 
‘‘(F) SUNSET.—The authority to announce 
prize competitions under this subsection shall 
terminate on September 30, 2018. 
‘‘(2) PRIZE CATEGORIES.— 
‘‘(A) CATEGORIES.—The Secretary shall es-
tablish prizes under this subsection for— 
‘‘(i) 
advancements 
in 
technologies, 
components, or systems related to— 
‘‘(I) hydrogen production; 
‘‘(II) hydrogen storage; 
‘‘(III) hydrogen distribution; and 
‘‘(IV) hydrogen utilization; 
‘‘(ii) prototypes of hydrogen-powered 
vehicles or other hydrogen-based products 
that best meet or exceed objective perform-
ance criteria, such as completion of a race 
over a certain distance or terrain or genera-
tion of energy at certain levels of efficiency; 
and 
‘‘(iii) transformational changes in 
technologies for the distribution or produc-
538 
tion of hydrogen that meet or exceed far- 
reaching objective criteria, which shall in-
clude minimal carbon emissions and which 
may include cost criteria designed to facili-
tate the eventual market success of a win-
ning technology. 
‘‘(B) AWARDS.— 
‘‘(i) ADVANCEMENTS.—To the extent 
permitted under paragraph (1)(E), the 
prizes 
authorized 
under 
subparagraph 
(A)(i) shall be awarded biennially to the 
most significant advance made in each of 
the four subcategories described in sub-
clauses (I) through (IV) of subparagraph 
(A)(i) since the submission deadline of the 
previous prize competition in the same cat-
egory under subparagraph (A)(i) or the date 
of enactment of this subsection, whichever is 
later, unless no such advance is significant 
enough to merit an award. No one such 
prize may exceed $1,000,000. If less than 
$4,000,000 is available for a prize competi-
tion under subparagraph (A)(i), the Sec-
retary may omit one or more subcategories,
539 
reduce the amount of the prizes, or not hold 
a prize competition. 
‘‘(ii) PROTOTYPES.—To the extent per-
mitted under paragraph (1)(E), prizes au-
thorized under subparagraph (A)(ii) shall 
be awarded biennially in alternate years 
from the prizes authorized under subpara-
graph (A)(i). The Secretary is authorized to 
award up to one prize in this category in 
each 2-year period. No such prize may ex-
ceed $4,000,000. If no registered partici-
pants meet the objective performance cri-
teria established pursuant to subparagraph 
(C) for a competition under this clause, the 
Secretary shall not award a prize. 
‘‘(iii) 
TRANSFORMATIONAL
TECH-
NOLOGIES.—To the extent permitted under 
paragraph (1)(E), the Secretary shall an-
nounce one prize competition authorized 
under subparagraph (A)(iii) as soon after 
the date of enactment of this subsection as 
is practicable. A prize offered under this 
clause shall be not less than $10,000,000, 
paid to the winner in a lump sum, and an 
additional amount paid to the winner as a
540 
match for each dollar of private funding 
raised by the winner for the hydrogen tech-
nology beginning on the date the winner 
was named. The match shall be provided for 
3 years after the date the prize winner is 
named or until the full amount of the prize 
has been paid out, whichever occurs first. A 
prize winner may elect to have the match 
amount paid to another entity that is con-
tinuing the development of the winning 
technology. The Secretary shall announce 
the rules for receiving the match in the no-
tice required by paragraph (1)(B)(ii). The 
Secretary shall award a prize under this 
clause only when a registered participant 
has met the objective criteria established for 
the prize pursuant to subparagraph (C) and 
announced 
pursuant 
to 
paragraph 
(1)(B)(ii). Not more than $10,000,000 in 
Federal funds may be used for the prize 
award under this clause. The administering 
entity shall seek to raise $40,000,000 to-
ward the matching award under this clause. 
‘‘(C) CRITERIA.—In establishing the cri-
teria required by this subsection, the Secretary—
541 
‘‘(i) shall consult with the Depart-
ment’s Hydrogen Technical and Fuel Cell 
Advisory Committee; 
‘‘(ii) shall consult with other Federal 
agencies, including the National Science 
Foundation; and 
‘‘(iii) may consult with other experts 
such as private organizations, including 
professional societies, industry associations, 
and the National Academy of Sciences and 
the National Academy of Engineering. 
‘‘(D) JUDGES.—For each prize competition 
under this subsection, the Secretary in consulta-
tion with the administering entity shall assemble 
a panel of qualified judges to select the winner 
or winners on the basis of the criteria established 
under subparagraph (C). Judges for each prize 
competition shall include individuals from out-
side the Department, including from the private 
sector. A judge, spouse, minor children, and 
members of the judge’s household may not— 
‘‘(i) have personal or financial inter-
ests in, or be an employee, officer, director, 
or agent of, any entity that is a registered
542 
participant in the prize competition for 
which he or she will serve as a judge; or 
‘‘(ii) have a familial or financial rela-
tionship with an individual who is a reg-
istered participant in the prize competition 
for which he or she will serve as a judge. 
‘‘(3) ELIGIBILITY.—To be eligible to win a prize 
under this subsection, an individual or entity— 
‘‘(A) shall have complied with all the re-
quirements in accordance with the Federal Reg-
ister notice required under paragraph (1)(B)(ii); 
‘‘(B) in the case of a private entity, shall be 
incorporated in and maintain a primary place 
of business in the United States, and in the case 
of an individual, whether participating singly or 
in a group, shall be a citizen of, or an alien law-
fully admitted for permanent residence in, the 
United States; and 
‘‘(C) shall not be a Federal entity, a Federal 
employee acting within the scope of his employ-
ment, or an employee of a national laboratory 
acting within the scope of his employment. 
‘‘(4) INTELLECTUAL
PROPERTY.—The Federal 
Government shall not, by virtue of offering or award-
ing a prize under this subsection, be entitled to any
543 
intellectual property rights derived as a consequence 
of, or direct relation to, the participation by a reg-
istered participant in a competition authorized by 
this subsection. This paragraph shall not be construed 
to prevent the Federal Government from negotiating 
a license for the use of intellectual property developed 
for a prize competition under this subsection. 
‘‘(5) LIABILITY.— 
‘‘(A) WAIVER OF LIABILITY.—The Secretary 
may require registered participants to waive 
claims against the Federal Government and the 
administering entity (except claims for willful 
misconduct) for any injury, death, damage, or 
loss of property, revenue, or profits arising from 
the registered participants’ participation in a 
competition under this subsection. The Secretary 
shall give notice of any waiver required under 
this subparagraph in the notice required by 
paragraph (1)(B)(ii). The Secretary may not re-
quire a registered participant to waive claims 
against the administering entity arising out of 
the unauthorized use or disclosure by the admin-
istering entity of the registered participant’s 
trade secrets or confidential business informa-
tion.
544 
‘‘(B) LIABILITY INSURANCE.— 
‘‘(i) REQUIREMENTS.—Registered par-
ticipants in a prize competition under this 
subsection shall be required to obtain liabil-
ity insurance or demonstrate financial re-
sponsibility, in amounts determined by the 
Secretary, for claims by— 
‘‘(I) a third party for death, bod-
ily injury, or property damage or loss 
resulting from an activity carried out 
in connection with participation in a 
competition under this subsection; and 
‘‘(II) the Federal Government for 
damage or loss to Government property 
resulting from such an activity. 
‘‘(ii) 
FEDERAL
GOVERNMENT
IN-
SURED.—The Federal Government shall be 
named as an additional insured under a 
registered participant’s insurance policy re-
quired under clause (i)(I), and registered 
participants shall be required to agree to 
indemnify the Federal Government against 
third party claims for damages arising 
from or related to competition activities 
under this subsection.
545 
‘‘(6) REPORT TO CONGRESS.—Not later than 60 
days after the awarding of the first prize under this 
subsection, and annually thereafter, the Secretary 
shall transmit to the Congress a report that— 
‘‘(A) identifies each award recipient; 
‘‘(B) describes the technologies developed by 
each award recipient; and 
‘‘(C) specifies actions being taken toward 
commercial application of all technologies with 
respect to which a prize has been awarded under 
this subsection. 
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) AWARDS.—There are authorized to 
be appropriated to the Secretary for the pe-
riod encompassing fiscal years 2008 through 
2017 for carrying out this subsection— 
‘‘(I) $20,000,000 for awards de-
scribed in paragraph (2)(A)(i); 
‘‘(II) $20,000,000 for awards de-
scribed in paragraph (2)(A)(ii); and 
‘‘(III) $10,000,000 for the award 
described in paragraph (2)(A)(iii). 
‘‘(ii) ADMINISTRATION.—In addition 
to the amounts authorized in clause (i),
546 
there are authorized to be appropriated to 
the Secretary for each of fiscal years 2008 
and 2009 $2,000,000 for the administrative 
costs of carrying out this subsection. 
‘‘(B) CARRYOVER
OF
FUNDS.—Funds ap-
propriated for prize awards under this sub-
section shall remain available until expended, 
and may be transferred, reprogrammed, or ex-
pended for other purposes only after the expira-
tion of 10 fiscal years after the fiscal year for 
which the funds were originally appropriated. 
No provision in this subsection permits obliga-
tion or payment of funds in violation of section 
1341 of title 31 of the United States Code (com-
monly referred to as the Anti-Deficiency Act). 
‘‘(8) NONSUBSTITUTION.—The programs created 
under this subsection shall not be considered a sub-
stitute for Federal research and development pro-
grams.’’. 
SEC. 655. BRIGHT TOMORROW LIGHTING PRIZES. 
(a) ESTABLISHMENT.—Not later than 1 year after the 
date of enactment of this Act, as part of the program carried 
out under section 1008 of the Energy Policy Act of 2005 
(42 U.S.C. 16396), the Secretary shall establish and award
547 
Bright Tomorrow Lighting Prizes for solid state lighting 
in accordance with this section. 
(b) PRIZE SPECIFICATIONS.— 
(1) 60-WATT INCANDESCENT REPLACEMENT LAMP 
PRIZE.—The Secretary shall award a 60-Watt Incan-
descent Replacement Lamp Prize to an entrant that 
produces a solid-state light package simultaneously 
capable of— 
(A) producing a luminous flux greater than 
900 lumens; 
(B) consuming less than or equal to 10 
watts; 
(C) having an efficiency greater than 90 
lumens per watt; 
(D) having a color rendering index greater 
than 90; 
(E) having a correlated color temperature of 
not less than 2,750, and not more than 3,000, de-
grees Kelvin; 
(F) having 70 percent of the lumen value 
under subparagraph (A) exceeding 25,000 hours 
under typical conditions expected in residential 
use; 
(G) having a light distribution pattern 
similar to a soft 60-watt incandescent A19 bulb;
548 
(H) having a size and shape that fits with-
in the maximum dimensions of an A19 bulb in 
accordance with American National Standards 
Institute standard C78.20–2003, figure C78.20– 
211; 
(I) using a single contact medium screw 
socket; and 
(J) mass production for a competitive sales 
commercial market satisfied by producing com-
mercially accepted quality control lots of such 
units equal to or exceeding the criteria described 
in subparagraphs (A) through (I). 
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP 
PRIZE.—The Secretary shall award a Parabolic Alu-
minized Reflector Type 38 Halogen Replacement 
Lamp Prize (referred to in this section as the ‘‘PAR 
Type 38 Halogen Replacement Lamp Prize’’) to an 
entrant that produces a solid-state-light package si-
multaneously capable of— 
(A) producing a luminous flux greater than 
or equal to 1,350 lumens; 
(B) consuming less than or equal to 11 
watts; 
(C) having an efficiency greater than 123 
lumens per watt;
549 
(D) having a color rendering index greater 
than or equal to 90; 
(E) having a correlated color coordinate 
temperature of not less than 2,750, and not more 
than 3,000, degrees Kelvin; 
(F) having 70 percent of the lumen value 
under subparagraph (A) exceeding 25,000 hours 
under typical conditions expected in residential 
use; 
(G) having a light distribution pattern 
similar to a PAR 38 halogen lamp; 
(H) having a size and shape that fits with-
in the maximum dimensions of a PAR 38 halo-
gen lamp in accordance with American National 
Standards Institute standard C78–21–2003, fig-
ure C78.21–238; 
(I) using a single contact medium screw 
socket; and 
(J) mass production for a competitive sales 
commercial market satisfied by producing com-
mercially accepted quality control lots of such 
units equal to or exceeding the criteria described 
in subparagraphs (A) through (I). 
(3) TWENTY-FIRST CENTURY LAMP PRIZE.—The 
Secretary shall award a Twenty-First Century Lamp
550 
Prize to an entrant that produces a solid-state-light- 
light capable of— 
(A) producing a light output greater than 
1,200 lumens; 
(B) having an efficiency greater than 150 
lumens per watt; 
(C) having a color rendering index greater 
than 90; 
(D) having a color coordinate temperature 
between 2,800 and 3,000 degrees Kelvin; and 
(E) having a lifetime exceeding 25,000 
hours. 
(c) PRIVATE FUNDS.— 
(1) IN GENERAL.—Subject to paragraph (2), and 
notwithstanding section 3302 of title 31, United 
States Code, the Secretary may accept, retain, and 
use funds contributed by any person, government en-
tity, or organization for purposes of carrying out this 
subsection— 
(A) without further appropriation; and 
(B) without fiscal year limitation. 
(2) PRIZE COMPETITION.—A private source of 
funding may not participate in the competition for 
prizes awarded under this section.
551 
(d) TECHNICAL REVIEW.—The Secretary shall estab-
lish a technical review committee composed of non-Federal 
officers to review entrant data submitted under this section 
to determine whether the data meets the prize specifications 
described in subsection (b). 
(e) THIRD PARTY ADMINISTRATION.—The Secretary 
may competitively select a third party to administer 
awards under this section. 
(f) ELIGIBILITY FOR PRIZES.—To be eligible to be 
awarded a prize under this section— 
(1) in the case of a private entity, the entity 
shall be incorporated in and maintain a primary 
place of business in the United States; and 
(2) in the case of an individual (whether partici-
pating as a single individual or in a group), the in-
dividual shall be a citizen or lawful permanent resi-
dent of the United States. 
(g) AWARD AMOUNTS.—Subject to the availability of 
funds to carry out this section, the amount of— 
(1) the 60-Watt Incandescent Replacement Lamp 
Prize 
described 
in 
subsection 
(b)(1) 
shall 
be 
$10,000,000; 
(2) the PAR Type 38 Halogen Replacement 
Lamp Prize described in subsection (b)(2) shall be 
$5,000,000; and
552 
(3) the Twenty-First Century Lamp Prize de-
scribed in subsection (b)(3) shall be $5,000,000. 
(h) FEDERAL
PROCUREMENT
OF
SOLID-STATE- 
LIGHTS.— 
(1) 60-WATT
INCANDESCENT
REPLACEMENT.— 
Subject to paragraph (3), as soon as practicable after 
the successful award of the 60-Watt Incandescent Re-
placement Lamp Prize under subsection (b)(1), the 
Secretary (in consultation with the Administrator of 
General Services) shall develop governmentwide Fed-
eral purchase guidelines with a goal of replacing the 
use of 60-watt incandescent lamps in Federal Govern-
ment buildings with a solid-state-light package de-
scribed in subsection (b)(1) by not later than the date 
that is 5 years after the date the award is made. 
(2) PAR 38 HALOGEN REPLACEMENT LAMP RE-
PLACEMENT.—Subject to paragraph (3), as soon as 
practicable after the successful award of the PAR 
Type 38 Halogen Replacement Lamp Prize under 
subsection (b)(2), the Secretary (in consultation with 
the Administrator of General Services) shall develop 
governmentwide Federal purchase guidelines with the 
goal of replacing the use of PAR 38 halogen lamps in 
Federal Government buildings with a solid-state-light 
package described in subsection (b)(2) by not later
553 
than the date that is 5 years after the date the award 
is made. 
(3) WAIVERS.— 
(A) IN GENERAL.—The Secretary or the Ad-
ministrator of General Services may waive the 
application of paragraph (1) or (2) if the Sec-
retary or Administrator determines that the re-
turn on investment from the purchase of a solid- 
state-light package described in paragraph (1) or 
(2) of subsection (b), respectively, is cost prohibi-
tive. 
(B) REPORT OF WAIVER.—If the Secretary 
or Administrator waives the application of para-
graph (1) or (2), the Secretary or Administrator, 
respectively, shall submit to Congress an annual 
report that describes the waiver and provides a 
detailed justification for the waiver. 
(i) REPORT.—Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Admin-
istrator of General Services shall submit to the Energy In-
formation Agency a report describing the quantity, type, 
and cost of each lighting product purchased by the Federal 
Government. 
(j) BRIGHT TOMORROW LIGHTING AWARD FUND.—
554 
(1) ESTABLISHMENT.—There is established in 
the United States Treasury a Bright Tomorrow 
Lighting permanent fund without fiscal year limita-
tion to award prizes under paragraphs (1), (2), and 
(3) of subsection (b). 
(2) SOURCES OF FUNDING.—The fund established 
under paragraph (1) shall accept— 
(A) fiscal year appropriations; and 
(B) private contributions authorized under 
subsection (c). 
(k) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
SEC. 656. RENEWABLE ENERGY INNOVATION MANUFAC-
TURING PARTNERSHIP. 
(a) ESTABLISHMENT.—The Secretary shall carry out 
a program, to be known as the Renewable Energy Innova-
tion Manufacturing Partnership Program (referred to in 
this section as the ‘‘Program’’), to make assistance awards 
to eligible entities for use in carrying out research, develop-
ment, and demonstration relating to the manufacturing of 
renewable energy technologies. 
(b) SOLICITATION.—To carry out the Program, the 
Secretary shall annually conduct a competitive solicitation
555 
for assistance awards for an eligible project described in 
subsection (e). 
(c) PROGRAM PURPOSES.—The purposes of the Pro-
gram are— 
(1) to develop, or aid in the development of, ad-
vanced manufacturing processes, materials, and in-
frastructure; 
(2) to increase the domestic production of renew-
able energy technology and components; and 
(3) to better coordinate Federal, State, and pri-
vate resources to meet regional and national renew-
able energy goals through advanced manufacturing 
partnerships. 
(d) ELIGIBLE ENTITIES.—An entity shall be eligible 
to receive an assistance award under the Program to carry 
out an eligible project described in subsection (e) if the enti-
ty is composed of— 
(1) 1 or more public or private nonprofit institu-
tions or national laboratories engaged in research, de-
velopment, demonstration, or technology transfer, that 
would participate substantially in the project; and 
(2) 1 or more private entities engaged in the 
manufacturing or development of renewable energy 
system components (including solar energy, wind en-
556 
ergy, biomass, geothermal energy, energy storage, or 
fuel cells). 
(e) ELIGIBLE PROJECTS.—An eligible entity may use 
an assistance award provided under this section to carry 
out a project relating to— 
(1) the conduct of studies of market opportunities 
for component manufacturing of renewable energy 
systems; 
(2) the conduct of multiyear applied research, 
development, demonstration, and deployment projects 
for advanced manufacturing processes, materials, and 
infrastructure for renewable energy systems; and 
(3) other similar ventures, as approved by the 
Secretary, that promote advanced manufacturing of 
renewable technologies. 
(f) CRITERIA AND GUIDELINES.—The Secretary shall 
establish criteria and guidelines for the submission, evalua-
tion, and funding of proposed projects under the Program. 
(g) COST SHARING.—Section 988 of the Energy Policy 
Act of 2005 (42 U.S.C. 16352) shall apply to a project car-
ried out under this section. 
(h) DISCLOSURE.—The Secretary may, for a period of 
up to five years after an award is granted under this sec-
tion, exempt from mandatory disclosure under section 552 
of title 5, United States Code (popularly known as the Free-
557 
dom of Information Act) information that the Secretary de-
termines would be a privileged or confidential trade secret 
or commercial or financial information under subsection 
(b)(4) of such section if the information had been obtained 
from a non-Government party. 
(i) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that the Secretary should ensure that small busi-
nesses engaged in renewable manufacturing be given pri-
ority consideration for the assistance awards provided 
under this section. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of funds already author-
ized to carry out this section $25,000,000 for each of fiscal 
years 2008 through 2013, to remain available until ex-
pended. 
TITLE VII—CARBON CAPTURE 
AND SEQUESTRATION 
Subtitle A—Carbon Capture and 
Sequestration Research, Devel-
opment, and Demonstration 
SEC. 701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Department of En-
ergy Carbon Capture and Sequestration Research, Develop-
ment, and Demonstration Act of 2007’’.
558 
SEC. 702. CARBON CAPTURE AND SEQUESTRATION RE-
SEARCH, DEVELOPMENT, AND DEMONSTRA-
TION PROGRAM. 
(a) AMENDMENT.—Section 963 of the Energy Policy 
Act of 2005 (42 U.S.C. 16293) is amended— 
(1) in the section heading, by striking ‘‘RE-
SEARCH
AND
DEVELOPMENT’’ and inserting 
‘‘AND
SEQUESTRATION
RESEARCH, DEVELOP-
MENT, AND DEMONSTRATION’’; 
(2) in subsection (a)— 
(A) by striking ‘‘research and development’’ 
and inserting ‘‘and sequestration research, devel-
opment, and demonstration’’; and 
(B) by striking ‘‘capture technologies on 
combustion-based systems’’ and inserting ‘‘cap-
ture and sequestration technologies related to in-
dustrial sources of carbon dioxide’’; 
(3) in subsection (b)— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) to expedite and carry out large-scale testing 
of carbon sequestration systems in a range of geologic 
formations that will provide information on the cost
559 
and feasibility of deployment of sequestration tech-
nologies.’’; and 
(4) by striking subsection (c) and inserting the 
following: 
‘‘(c) PROGRAMMATIC ACTIVITIES.— 
‘‘(1) FUNDAMENTAL SCIENCE AND ENGINEERING 
RESEARCH AND DEVELOPMENT AND DEMONSTRATION 
SUPPORTING CARBON CAPTURE AND SEQUESTRATION 
TECHNOLOGIES AND CARBON USE ACTIVITIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
carry out fundamental science and engineering 
research (including laboratory-scale experiments, 
numeric modeling, and simulations) to develop 
and document the performance of new ap-
proaches to capture and sequester, or use carbon 
dioxide to lead to an overall reduction of carbon 
dioxide emissions. 
‘‘(B) PROGRAM
INTEGRATION.—The Sec-
retary shall ensure that fundamental research 
carried out under this paragraph is appro-
priately applied to energy technology develop-
ment activities, the field testing of carbon seques-
tration, and carbon use activities, including—
560 
‘‘(i) development of new or advanced 
technologies for the capture and sequestra-
tion of carbon dioxide; 
‘‘(ii) development of new or advanced 
technologies that reduce the cost and in-
crease the efficacy of advanced compression 
of carbon dioxide required for the sequestra-
tion of carbon dioxide; 
‘‘(iii) modeling and simulation of geo-
logic sequestration field demonstrations; 
‘‘(iv) quantitative assessment of risks 
relating to specific field sites for testing of 
sequestration technologies; 
‘‘(v) research and development of new 
and advanced technologies for carbon use, 
including recycling and reuse of carbon di-
oxide; and 
‘‘(vi) research and development of new 
and advanced technologies for the separa-
tion of oxygen from air. 
‘‘(2) FIELD VALIDATION TESTING ACTIVITIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
promote, to the maximum extent practicable, re-
gional carbon sequestration partnerships to con-
duct geologic sequestration tests involving carbon
561 
dioxide injection and monitoring, mitigation, 
and verification operations in a variety of can-
didate geologic settings, including— 
‘‘(i) operating oil and gas fields; 
‘‘(ii) depleted oil and gas fields; 
‘‘(iii) unmineable coal seams; 
‘‘(iv) deep saline formations; 
‘‘(v) deep geologic systems that may be 
used as engineered reservoirs to extract eco-
nomical quantities of heat from geothermal 
resources of low permeability or porosity; 
and 
‘‘(vi) deep geologic systems containing 
basalt formations. 
‘‘(B) OBJECTIVES.—The objectives of tests 
conducted under this paragraph shall be— 
‘‘(i) to develop and validate geo-
physical tools, analysis, and modeling to 
monitor, predict, and verify carbon dioxide 
containment; 
‘‘(ii) to validate modeling of geologic 
formations; 
‘‘(iii) to refine sequestration capacity 
estimated for particular geologic formations;
563 
‘‘(3) LARGE-SCALE
CARBON
DIOXIDE
SEQUES-
TRATION TESTING.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct not less than 7 initial large-scale seques-
tration tests, not including the FutureGen 
project, for geologic containment of carbon diox-
ide to collect and validate information on the 
cost and feasibility of commercial deployment of 
technologies for geologic containment of carbon 
dioxide. These 7 tests may include any Regional 
Partnership projects awarded as of the date of 
enactment of the Department of Energy Carbon 
Capture and Sequestration Research, Develop-
ment, and Demonstration Act of 2007. 
‘‘(B) DIVERSITY
OF
FORMATIONS
TO
BE 
STUDIED.—In selecting formations for study 
under this paragraph, the Secretary shall con-
sider a variety of geologic formations across the 
United States, and require characterization and 
modeling of candidate formations, as determined 
by the Secretary. 
‘‘(C) SOURCE
OF
CARBON
DIOXIDE
FOR 
LARGE-SCALE
SEQUESTRATION
TESTS.—In the 
process of any acquisition of carbon dioxide for 
sequestration tests under subparagraph (A), the
564 
Secretary shall give preference to sources of car-
bon dioxide from industrial sources. To the ex-
tent feasible, the Secretary shall prefer tests that 
would facilitate the creation of an integrated sys-
tem of capture, transportation and sequestration 
of carbon dioxide. The preference provided for 
under this subparagraph shall not delay the im-
plementation of the large-scale sequestration tests 
under this paragraph. 
‘‘(D) DEFINITION.—For purposes of this 
paragraph, the term ‘large-scale’ means the injec-
tion of more than 1,000,000 tons of carbon diox-
ide from industrial sources annually or a scale 
that demonstrates the ability to inject and se-
quester several million metric tons of industrial 
source carbon dioxide for a large number of 
years. 
‘‘(4) PREFERENCE IN PROJECT SELECTION FROM 
MERITORIOUS
PROPOSALS.—In making competitive 
awards under this subsection, subject to the require-
ments of section 989, the Secretary shall— 
‘‘(A) give preference to proposals from part-
nerships among industrial, academic, and gov-
ernment entities; and
565 
‘‘(B) require recipients to provide assur-
ances that all laborers and mechanics employed 
by contractors and subcontractors in the con-
struction, repair, or alteration of new or existing 
facilities performed in order to carry out a dem-
onstration or commercial application activity 
authorized under this subsection shall be paid 
wages at rates not less than those prevailing on 
similar construction in the locality, as deter-
mined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, 
United States Code, and the Secretary of Labor 
shall, with respect to the labor standards in this 
paragraph, have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 
1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) 
and section 3145 of title 40, United States Code. 
‘‘(5) COST SHARING.—Activities under this sub-
section shall be considered research and development 
activities that are subject to the cost sharing require-
ments of section 988(b). 
‘‘(6) PROGRAM REVIEW AND REPORT.—During 
fiscal year 2011, the Secretary shall— 
‘‘(A) conduct a review of programmatic ac-
tivities carried out under this subsection; and
566 
‘‘(B) make recommendations with respect to 
continuation of the activities. 
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
‘‘(1) $240,000,000 for fiscal year 2008; 
‘‘(2) $240,000,000 for fiscal year 2009; 
‘‘(3) $240,000,000 for fiscal year 2010; 
‘‘(4) $240,000,000 for fiscal year 2011; and 
‘‘(5) $240,000,000 for fiscal year 2012.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The item re-
lating to section 963 in the table of contents for the Energy 
Policy Act of 2005 is amended to read as follows: 
‘‘Sec. 963. Carbon capture and sequestration research, development, and dem-
onstration program.’’. 
SEC. 703. CARBON CAPTURE. 
(a) PROGRAM ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary shall carry out 
a program to demonstrate technologies for the large- 
scale capture of carbon dioxide from industrial 
sources. In making awards under this program, the 
Secretary shall select, as appropriate, a diversity of 
capture technologies to address the need to capture 
carbon dioxide from a range of industrial sources. 
(2) SCOPE OF AWARD.—Awards under this sec-
tion shall be only for the portion of the project that—
567 
(A) carries out the large-scale capture (in-
cluding purification and compression) of carbon 
dioxide from industrial sources; 
(B) provides for the transportation and in-
jection of carbon dioxide; and 
(C) incorporates a comprehensive measure-
ment, monitoring, and validation program. 
(3) PREFERENCES FOR AWARD.—To ensure re-
duced carbon dioxide emissions, the Secretary shall 
take necessary actions to provide for the integration 
of the program under this paragraph with the large- 
scale carbon dioxide sequestration tests described in 
section 963(c)(3) of the Energy Policy Act of 2005 (42 
U.S.C. 16293(c)(3)), as added by section 702 of this 
subtitle. These actions should not delay implementa-
tion of these tests. The Secretary shall give priority 
consideration to projects with the following character-
istics: 
(A) CAPACITY.—Projects that will capture a 
high percentage of the carbon dioxide in the 
treated stream and large volumes of carbon diox-
ide as determined by the Secretary. 
(B) SEQUESTRATION.—Projects that cap-
ture carbon dioxide from industrial sources that
568 
are near suitable geological reservoirs and could 
continue sequestration including— 
(i) a field testing validation activity 
under section 963 of the Energy Policy Act 
of 2005 (42 U.S.C. 16293), as amended by 
this Act; or 
(ii) other geologic sequestration projects 
approved by the Secretary. 
(4) REQUIREMENT.—For projects that generate 
carbon dioxide that is to be sequestered, the carbon di-
oxide stream shall be of a sufficient purity level to 
allow for safe transport and sequestration. 
(5) COST-SHARING.—The cost-sharing require-
ments of section 988 of the Energy Policy Act of 2005 
(42 U.S.C. 16352) for research and development 
projects shall apply to this section. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $200,000,000 per year for fiscal years 2009 
through 2013. 
SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS. 
The Secretary shall enter into an arrangement with 
the National Academy of Sciences for an independent re-
view and oversight, beginning in 2011, of the programs 
under section 963(c)(3) of the Energy Policy Act of 2005
569 
(42 U.S.C. 16293(c)(3)), as added by section 702 of this 
subtitle, and under section 703 of this subtitle, to ensure 
that the benefits of such programs are maximized. Not later 
than January 1, 2012, the Secretary shall transmit to the 
Congress a report on the results of such review and over-
sight. 
SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RE-
SEARCH. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary shall enter into 
an arrangement with the National Academy of 
Sciences to undertake a study that— 
(A) defines an interdisciplinary program in 
geology, engineering, hydrology, environmental 
science, and related disciplines that will support 
the Nation’s capability to capture and sequester 
carbon dioxide from anthropogenic sources; 
(B) addresses undergraduate and graduate 
education, especially to help develop graduate 
level programs of research and instruction that 
lead to advanced degrees with emphasis on geo-
logic sequestration science; 
(C) develops guidelines for proposals from 
colleges and universities with substantial capa-
bilities in the required disciplines that seek to
570 
implement geologic sequestration science pro-
grams that advance the Nation’s capacity to ad-
dress carbon management through geologic se-
questration science; and 
(D) outlines a budget and recommendations 
for how much funding will be necessary to estab-
lish and carry out the grant program under sub-
section (b). 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall 
transmit to the Congress a copy of the results of the 
study provided by the National Academy of Sciences 
under paragraph (1). 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary for carrying out this subsection $1,000,000 for 
fiscal year 2008. 
(b) GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish a competitive grant program through which col-
leges and universities may apply for and receive 4- 
year grants for— 
(A) salary and startup costs for newly des-
ignated faculty positions in an integrated geo-
logic carbon sequestration science program; and
571 
(B) internships for graduate students in 
geologic sequestration science. 
(2) RENEWAL.—Grants under this subsection 
shall be renewable for up to 2 additional 3-year 
terms, based on performance criteria, established by 
the National Academy of Sciences study conducted 
under subsection (a), that include the number of grad-
uates of such programs. 
(3) INTERFACE WITH REGIONAL GEOLOGIC CAR-
BON SEQUESTRATION PARTNERSHIPS.—To the great-
est extent possible, geologic carbon sequestration 
science programs supported under this subsection 
shall interface with the research of the Regional Car-
bon Sequestration Partnerships operated by the De-
partment to provide internships and practical train-
ing in carbon capture and geologic sequestration. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary for carrying out this subsection such sums as 
may be necessary. 
SEC. 706. RELATION TO SAFE DRINKING WATER ACT. 
The injection and geologic sequestration of carbon di-
oxide pursuant to this subtitle and the amendments made 
by this subtitle shall be subject to the requirements of the 
Safe Drinking Water Act (42 U.S.C. 300f et seq.), including
572 
the provisions of part C of such Act (42 U.S.C. 300h et 
seq.; relating to protection of underground sources of drink-
ing water). Nothing in this subtitle and the amendments 
made by this subtitle imposes or authorizes the promulga-
tion of any requirement that is inconsistent or in conflict 
with the requirements of the Safe Drinking Water Act (42 
U.S.C. 300f et seq.) or regulations thereunder. 
SEC. 707. SAFETY RESEARCH. 
(a) PROGRAM.—The Administrator of the Environ-
mental Protection Agency shall conduct a research program 
to address public health, safety, and environmental impacts 
that may be associated with capture, injection, and seques-
tration of greenhouse gases in geologic reservoirs. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for carrying out this section 
$5,000,000 for each fiscal year. 
SEC. 708. UNIVERSITY BASED RESEARCH AND DEVELOP-
MENT GRANT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary, in consultation 
with other appropriate agencies, shall establish a university 
based research and development program to study carbon 
capture and sequestration using the various types of coal. 
(b) RURAL AND AGRICULTURAL INSTITUTIONS.—The 
Secretary shall give special consideration to rural or agri-
cultural based institutions in areas that have regional
573 
sources of coal and that offer interdisciplinary programs 
in the area of environmental science to study carbon cap-
ture and sequestration. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
to be authorized to be appropriated $10,000,000 to carry 
out this section. 
Subtitle B—Carbon Capture and 
Sequestration 
Assessment 
and 
Framework 
SEC. 711. CARBON DIOXIDE SEQUESTRATION CAPACITY AS-
SESSMENT. 
(a) DEFINITIONS.—In this section 
(1) 
ASSESSMENT.—The 
term 
‘‘assessment’’ 
means the national assessment of onshore capacity for 
carbon dioxide completed under subsection (f). 
(2) CAPACITY.—The term ‘‘capacity’’ means the 
portion of a sequestration formation that can retain 
carbon dioxide in accordance with the requirements 
(including physical, geological, and economic require-
ments) established under the methodology developed 
under subsection (b). 
(3) ENGINEERED
HAZARD.—The term ‘‘engi-
neered hazard’’ includes the location and completion 
history of any well that could affect potential seques-
tration.
574 
(4) RISK.—The term ‘‘risk’’ includes any risk 
posed by geomechanical, geochemical, hydrogeological, 
structural, and engineered hazards. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the United States Geological Survey. 
(6) SEQUESTRATION FORMATION.—The term ‘‘se-
questration formation’’ means a deep saline forma-
tion, unmineable coal seam, or oil or gas reservoir 
that is capable of accommodating a volume of indus-
trial carbon dioxide. 
(b) METHODOLOGY.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall develop 
a methodology for conducting an assessment under sub-
section (f), taking into consideration— 
(1) the geographical extent of all potential se-
questration formations in all States; 
(2) the capacity of the potential sequestration 
formations; 
(3) the injectivity of the potential sequestration 
formations; 
(4) an estimate of potential volumes of oil and 
gas recoverable by injection and sequestration of in-
dustrial carbon dioxide in potential sequestration for-
mations;
575 
(5) the risk associated with the potential seques-
tration formations; and 
(6) the work done to develop the Carbon Seques-
tration Atlas of the United States and Canada that 
was completed by the Department. 
(c) COORDINATION.— 
(1) FEDERAL COORDINATION.— 
(A) CONSULTATION.—The Secretary shall 
consult with the Secretary of Energy and the Ad-
ministrator of the Environmental Protection 
Agency on issues of data sharing, format, devel-
opment of the methodology, and content of the 
assessment required under this section to ensure 
the maximum usefulness and success of the as-
sessment. 
(B) COOPERATION.—The Secretary of En-
ergy and the Administrator shall cooperate with 
the Secretary to ensure, to the maximum extent 
practicable, the usefulness and success of the as-
sessment. 
(2) STATE COORDINATION.—The Secretary shall 
consult with State geological surveys and other rel-
evant entities to ensure, to the maximum extent prac-
ticable, the usefulness and success of the assessment.
576 
(d) EXTERNAL REVIEW AND PUBLICATION.—On com-
pletion of the methodology under subsection (b), the Sec-
retary shall— 
(1) publish the methodology and solicit comments 
from the public and the heads of affected Federal and 
State agencies; 
(2) establish a panel of individuals with exper-
tise in the matters described in paragraphs (1) 
through (5) of subsection (b) composed, as appro-
priate, of representatives of Federal agencies, institu-
tions of higher education, nongovernmental organiza-
tions, State organizations, industry, and inter-
national geoscience organizations to review the meth-
odology and comments received under paragraph (1); 
and 
(3) on completion of the review under paragraph 
(2), publish in the Federal Register the revised final 
methodology. 
(e) PERIODIC UPDATES.—The methodology developed 
under this section shall be updated periodically (including 
at least once every 5 years) to incorporate new data as the 
data becomes available. 
(f) NATIONAL ASSESSMENT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of publication of the methodology under sub-
577 
section (d)(1), the Secretary, in consultation with the 
Secretary of Energy and State geological surveys, 
shall complete a national assessment of capacity for 
carbon dioxide in accordance with the methodology. 
(2) GEOLOGICAL VERIFICATION.—As part of the 
assessment under this subsection, the Secretary shall 
carry out a drilling program to supplement the geo-
logical data relevant to determining sequestration ca-
pacity of carbon dioxide in geological sequestration 
formations, including— 
(A) well log data; 
(B) core data; and 
(C) fluid sample data. 
(3) PARTNERSHIP WITH OTHER DRILLING PRO-
GRAMS.—As part of the drilling program under para-
graph (2), the Secretary shall enter, as appropriate, 
into partnerships with other entities to collect and in-
tegrate data from other drilling programs relevant to 
the sequestration of carbon dioxide in geological for-
mations. 
(4) INCORPORATION INTO NATCARB.— 
(A) IN GENERAL.—On completion of the as-
sessment, the Secretary of Energy and the Sec-
retary of the Interior shall incorporate the re-
sults of the assessment using—
578 
(i) the NatCarb database, to the max-
imum extent practicable; or 
(ii) a new database developed by the 
Secretary of Energy, as the Secretary of 
Energy determines to be necessary. 
(B) RANKING.—The database shall include 
the data necessary to rank potential sequestra-
tion sites for capacity and risk, across the 
United States, within each State, by formation, 
and within each basin. 
(5) REPORT.—Not later than 180 days after the 
date on which the assessment is completed, the Sec-
retary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee 
on Natural Resources of the House of Representatives 
a report describing the findings under the assessment. 
(6) PERIODIC
UPDATES.—The national assess-
ment developed under this section shall be updated pe-
riodically (including at least once every 5 years) to 
support public and private sector decisionmaking. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$30,000,000 for the period of fiscal years 2008 through 
2012.
579 
SEC. 712. ASSESSMENT OF CARBON SEQUESTRATION AND 
METHANE AND NITROUS OXIDE EMISSIONS 
FROM ECOSYSTEMS. 
(a) DEFINITIONS.—In this section: 
(1) ADAPTATION STRATEGY.—The term ‘‘adapta-
tion strategy’’ means a land use and management 
strategy that can be used— 
(A) to increase the sequestration capabilities 
of covered greenhouse gases of any ecosystem; or 
(B) to reduce the emissions of covered green-
house gases from any ecosystem. 
(2) 
ASSESSMENT.—The 
term 
‘‘assessment’’ 
means the national assessment authorized under sub-
section (b). 
(3) COVERED
GREENHOUSE
GAS.—The term 
‘‘covered greenhouse gas’’ means carbon dioxide, ni-
trous oxide, and methane gas. 
(4) ECOSYSTEM.—The term ‘‘ecosystem’’ means 
any terrestrial, freshwater aquatic, or coastal eco-
system, including an estuary. 
(5) NATIVE PLANT SPECIES.—The term ‘‘native 
plant species’’ means any noninvasive, naturally oc-
curring plant species within an ecosystem. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
580 
(b) AUTHORIZATION OF ASSESSMENT.—Not later than 
2 years after the date on which the final methodology is 
published under subsection (f)(3)(D), the Secretary shall 
complete a national assessment of— 
(1) the quantity of carbon stored in and released 
from ecosystems, including from man-caused and nat-
ural fires; and 
(2) the annual flux of covered greenhouse gases 
in and out of ecosystems. 
(c) COMPONENTS.—In conducting the assessment 
under subsection (b), the Secretary shall— 
(1) determine the processes that control the flux 
of covered greenhouse gases in and out of each eco-
system; 
(2) estimate the potential for increasing carbon 
sequestration in natural and managed ecosystems 
through management activities or restoration activi-
ties in each ecosystem; 
(3) develop near-term and long-term adaptation 
strategies or mitigation strategies that can be em-
ployed— 
(A) to enhance the sequestration of carbon 
in each ecosystem; 
(B) to reduce emissions of covered green-
house gases from ecosystems; and
581 
(C) to adapt to climate change; and 
(4) estimate the annual carbon sequestration ca-
pacity of ecosystems under a range of policies in sup-
port of management activities to optimize sequestra-
tion. 
(d) USE OF NATIVE PLANT SPECIES.—In developing 
restoration activities under subsection (c)(2) and manage-
ment strategies and adaptation strategies under subsection 
(c)(3), the Secretary shall emphasize the use of native plant 
species (including mixtures of many native plant species) 
for sequestering covered greenhouse gas in each ecosystem. 
(e) CONSULTATION.— 
(1) IN GENERAL.—In conducting the assessment 
under subsection (b) and developing the methodology 
under subsection (f), the Secretary shall consult 
with— 
(A) the Secretary of Energy; 
(B) the Secretary of Agriculture; 
(C) the Administrator of the Environmental 
Protection Agency; 
(D) the Secretary of Commerce, acting 
through the Under Secretary for Oceans and At-
mosphere; and 
(E) the heads of other relevant agencies.
582 
(2) OCEAN AND COASTAL ECOSYSTEMS.—In car-
rying out this section with respect to ocean and coast-
al ecosystems (including estuaries), the Secretary 
shall work jointly with the Secretary of Commerce, 
acting through the Under Secretary for Oceans and 
Atmosphere. 
(f) METHODOLOGY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
develop a methodology for conducting the assessment. 
(2) REQUIREMENTS.—The methodology developed 
under paragraph (1)— 
(A) shall— 
(i) determine the method for meas-
uring, monitoring, and quantifying covered 
greenhouse gas emissions and reductions; 
(ii) estimate the total capacity of each 
ecosystem to sequester carbon; and 
(iii) estimate the ability of each eco-
system to reduce emissions of covered green-
house gases through management practices; 
and 
(B) may employ economic and other sys-
tems models, analyses, and estimates, to be devel-
583 
oped in consultation with each of the individuals 
described in subsection (e). 
(3) EXTERNAL REVIEW AND PUBLICATION.—On 
completion of a proposed methodology, the Secretary 
shall— 
(A) publish the proposed methodology; 
(B) at least 60 days before the date on 
which the final methodology is published, solicit 
comments from— 
(i) the public; and 
(ii) heads of affected Federal and State 
agencies; 
(C) establish a panel to review the proposed 
methodology published under subparagraph (A) 
and any comments received under subparagraph 
(B), to be composed of members— 
(i) with expertise in the matters de-
scribed in subsections (c) and (d); and 
(ii) that are, as appropriate, represent-
atives of Federal agencies, institutions of 
higher education, nongovernmental organi-
zations, State organizations, industry, and 
international organizations; and
584 
(D) on completion of the review under sub-
paragraph (C), publish in the Federal register 
the revised final methodology. 
(g) ESTIMATE; REVIEW.—The Secretary shall— 
(1) based on the assessment, prescribe the data, 
information, and analysis needed to establish a sci-
entifically sound estimate of the carbon sequestration 
capacity of relevant ecosystems; and 
(2) not later than 180 days after the date on 
which the assessment is completed, submit to the 
heads of applicable Federal agencies and the appro-
priate committees of Congress a report that describes 
the results of the assessment. 
(h) DATA AND REPORT AVAILABILITY.—On completion 
of the assessment, the Secretary shall incorporate the results 
of the assessment into a web-accessible database for public 
use. 
(i) AUTHORIZATION.—There is authorized to be appro-
priated to carry out this section $20,000,000 for the period 
of fiscal years 2008 through 2012. 
SEC. 713. CARBON DIOXIDE SEQUESTRATION INVENTORY. 
Section 354 of the Energy Policy Act of 2005 (42 
U.S.C. 15910) is amended— 
(1) by redesignating subsection (d) as subsection 
(e); and
585 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) RECORDS AND INVENTORY.—The Secretary of the 
Interior, acting through the Bureau of Land Management, 
shall maintain records on, and an inventory of, the quan-
tity of carbon dioxide stored within Federal mineral lease-
holds.’’. 
SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUES-
TRATION ON PUBLIC LAND. 
(a) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary of the Interior shall 
submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate a report on a recommended 
framework for managing geological carbon sequestration ac-
tivities on public land. 
(b) CONTENTS.—The report required by subsection (a) 
shall include the following: 
(1) Recommended criteria for identifying can-
didate geological sequestration sites in each of the fol-
lowing types of geological settings: 
(A) Operating oil and gas fields. 
(B) Depleted oil and gas fields. 
(C) Unmineable coal seams. 
(D) Deep saline formations.
586 
(E) Deep geological systems that may be 
used as engineered reservoirs to extract economi-
cal quantities of heat from geothermal resources 
of low permeability or porosity. 
(F) Deep geological systems containing ba-
salt formations. 
(G) Coalbeds being used for methane recov-
ery. 
(2) A proposed regulatory framework for the 
leasing of public land or an interest in public land 
for the long-term geological sequestration of carbon di-
oxide, which includes an assessment of options to en-
sure that the United States receives fair market value 
for the use of public land or an interest in public 
land for geological sequestration. 
(3) A proposed procedure for ensuring that any 
geological carbon sequestration activities on public 
land— 
(A) provide for public review and comment 
from all interested persons; and 
(B) protect the quality of natural and cul-
tural resources of the public land overlaying a 
geological sequestration site. 
(4) A description of the status of Federal lease-
hold or Federal mineral estate liability issues related
587 
to the geological subsurface trespass of or caused by 
carbon dioxide stored in public land, including any 
relevant experience from enhanced oil recovery using 
carbon dioxide on public land. 
(5) Recommendations for additional legislation 
that may be required to ensure that public land man-
agement and leasing laws are adequate to accommo-
date the long-term geological sequestration of carbon 
dioxide. 
(6) An identification of the legal and regulatory 
issues specific to carbon dioxide sequestration on land 
in cases in which title to mineral resources is held by 
the United States but title to the surface estate is not 
held by the United States. 
(7)(A) An identification of the issues specific to 
the issuance of pipeline rights-of-way on public land 
under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
or the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.) for natural or anthro-
pogenic carbon dioxide. 
(B) Recommendations for additional legislation 
that may be required to clarify the appropriate 
framework for issuing rights-of-way for carbon diox-
ide pipelines on public land.
588 
(c) CONSULTATION WITH OTHER AGENCIES.—In pre-
paring the report under this section, the Secretary of the 
Interior shall coordinate with— 
(1) the Administrator of the Environmental Pro-
tection Agency; 
(2) the Secretary of Energy; and 
(3) the heads of other appropriate agencies. 
(d) COMPLIANCE
WITH
SAFE
DRINKING
WATER 
ACT.—The Secretary shall ensure that all recommendations 
developed under this section are in compliance with all Fed-
eral environmental laws, including the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.) and regulations under 
that Act. 
TITLE VIII—IMPROVED MANAGE-
MENT OF ENERGY POLICY 
Subtitle A—Management 
Improvements 
SEC. 801. NATIONAL MEDIA CAMPAIGN. 
(a) IN GENERAL.—The Secretary, acting through the 
Assistant Secretary for Energy Efficiency and Renewable 
Energy (referred to in this section as the ‘‘Secretary’’), shall 
develop and conduct a national media campaign— 
(1) to increase energy efficiency throughout the 
economy of the United States during the 10-year pe-
riod beginning on the date of enactment of this Act;
589 
(2) to promote the national security benefits as-
sociated with increased energy efficiency; and 
(3) to decrease oil consumption in the United 
States during the 10-year period beginning on the 
date of enactment of this Act. 
(b) CONTRACT WITH ENTITY.—The Secretary shall 
carry out subsection (a) directly or through— 
(1) competitively bid contracts with 1 or more 
nationally recognized media firms for the development 
and distribution of monthly television, radio, and 
newspaper public service announcements; or 
(2) collective agreements with 1 or more nation-
ally recognized institutes, businesses, or nonprofit or-
ganizations for the funding, development, and dis-
tribution of monthly television, radio, and newspaper 
public service announcements. 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—Amounts made available to 
carry out this section shall be used for— 
(A) advertising costs, including— 
(i) the purchase of media time and 
space; 
(ii) creative and talent costs; 
(iii) testing and evaluation of adver-
tising; and
590 
(iv) evaluation of the effectiveness of 
the media campaign; and 
(B) administrative costs, including oper-
ational and management expenses. 
(2) LIMITATIONS.—In carrying out this section, 
the Secretary shall allocate not less than 85 percent 
of funds made available under subsection (e) for each 
fiscal year for the advertising functions specified 
under paragraph (1)(A). 
(d) REPORTS.—The Secretary shall annually submit 
to Congress a report that describes— 
(1) the strategy of the national media campaign 
and whether specific objectives of the campaign were 
accomplished, including— 
(A) determinations concerning the rate of 
change of energy consumption, in both absolute 
and per capita terms; and 
(B) an evaluation that enables consider-
ation of whether the media campaign contributed 
to reduction of energy consumption; 
(2) steps taken to ensure that the national media 
campaign operates in an effective and efficient man-
ner consistent with the overall strategy and focus of 
the campaign;