161 
sion reductions if negotiated with such goals in 
mind. 
(d) TRAINERS.—Such training may be conducted by 
attorneys or contract officers with experience in negoti-
ating and managing such contracts from any agency, and 
the Department of Energy shall reimburse their related 
salaries and expenses from amounts appropriated for car-
rying out this section to the extent they are not already 
employees of the Department of Energy. Such training 
may also be provided by private experts hired by the De-
partment of Energy for the purposes of this section, except 
that the Department may not hire experts who are simul-
taneously employed by any company under contract to 
provide such energy efficiency services to the Federal Gov-
ernment. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy for carrying out this section $750,000 for each of 
fiscal years 2008 through 2012. 
SEC. 186. PROMOTING LONG-TERM ENERGY SAVINGS PER-
FORMANCE CONTRACTS AND VERIFYING SAV-
INGS. 
Section 801(a)(2) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287(a)(2)) is amended— 
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162 
(1) in subparagraph (D), by inserting ‘‘begin-
ning on the date of the delivery order’’ after ‘‘25 
years’’; and 
(2) by adding at the end the following: 
‘‘(F) PROMOTION OF CONTRACTS.—In car-
rying out this section, a Federal agency shall 
not— 
‘‘(i) establish a Federal agency policy 
that limits the maximum contract term 
under subparagraph (D) to a period short-
er 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 
REQUIREMENTS FOR PRIVATE FINANCING.— 
‘‘(i) IN
GENERAL.—The evaluations 
and savings measurement and verification 
required under paragraphs (1) and (3) of 
section 543(f) shall be used by a Federal 
agency to meet the requirements for— 
‘‘(I) in the case of energy savings 
performance contracts, the need for 
energy audits, calculation of energy 
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163 
savings, and any other evaluation of 
costs and savings needed to imple-
ment the guarantee of savings under 
this section; and 
‘‘(II) in the case of utility energy 
service contracts, needs that are simi-
lar to the purposes described in sub-
clause (I). 
‘‘(ii) MODIFICATION
OF
EXISTING 
CONTRACTS.—Not later than 180 days 
after the date of enactment of this sub-
paragraph, each Federal agency shall, to 
the maximum extent practicable, modify 
any indefinite delivery and indefinite quan-
tity energy savings performance contracts, 
and other indefinite delivery and indefinite 
quantity contracts using private financing, 
to conform to the amendments made by 
subtitle G of title I of the øshort title¿.’’. 
Subtitle H—Advisory Committee on 
Energy Efficiency Financing 
SEC. 189. ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—The Assistant Secretary of 
Energy for Energy Efficiency and Renewable Energy shall 
establish an advisory committee to provide advice and rec-
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164 
ommendations to the Department of Energy on energy ef-
ficiency finance and investment issues, options, ideas, and 
trends, and to assist the energy community in identifying 
practical ways of lowering costs and increasing invest-
ments in energy efficiency technologies. 
(b) MEMBERSHIP.—The advisory committee estab-
lished under this section shall have a balanced membership 
that shall include members representing the following 
communities: 
(1) Providers of seed capital. 
(2) Venture capitalists. 
(3) Private equity sources. 
(4) Investment banking corporate finance. 
(5) Investment banking mergers and acquisi-
tions. 
(6) Equity capital markets. 
(7) Debt capital markets. 
(8) Research analysts. 
(9) Sales and trading. 
(10) Commercial lenders. 
(11) Residential lenders. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to the Secretary of Energy for carrying out this 
section. 
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165 
Subtitle I—Energy Efficiency Block 
Grant Program 
SEC. 191. DEFINITIONS. 
For purposes of this subtitle— 
(1) the term ‘‘eligible entity’’ means a State or 
an eligible unit of local government within a State; 
(2) the term ‘‘eligible unit of local government’’ 
means— 
(A) a city with a population of at least 
50,000; and 
(B) a county with a population of at least 
200,000; 
(3) the term ‘‘Secretary’’ means the Secretary 
of Energy; and 
(4) the term ‘‘State’’ means one of the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and any other common-
wealth, territory, or possession of the United States. 
SEC. 192. ESTABLISHMENT OF PROGRAM. 
The Secretary shall establish an Energy Efficiency 
Block Grant Program to make block grants to eligible en-
tities as provided in this subtitle. 
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166 
SEC. 193. ALLOCATIONS. 
(a) IN GENERAL.—Of the funds appropriated for 
making grants under this subtitle for each fiscal year, the 
Secretary shall allocate 70 percent to be provided to eligi-
ble units of local government as provided in subsection (b) 
and 30 percent to be provided to States as provided in 
subsection (c). 
(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—The 
Secretary shall provide grants to eligible units of local gov-
ernment according to a formula giving equal weight to— 
(1) population, according to the most recent 
available Census data; and 
(2) daytime population, or another similar fac-
tor such as square footage of commercial, office, and 
industrial space, as determined by the Secretary. 
(c) STATES.—The Secretary shall provide grants to 
States according to a formula based on population, accord-
ing to the most recent available Census data. 
(d) PUBLICATION OF ALLOCATION FORMULAS.—Not 
later than 90 days before the beginning of any fiscal year 
in which grants are to made under this subtitle, the Sec-
retary shall publish in the Federal Register the formulas 
for allocation described in subsection (b)(1) and (b)(2). 
SEC. 194. ELIGIBLE ACTIVITIES. 
Funds provided through a grant under this subtitle 
may be used for the following activities: 
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172 
(C) not more than 20 percent, or 
$250,000, whichever is greater, for subgranting 
to nongovernmental organizations for the pur-
pose of assisting in the implementation of the 
Energy Efficiency Strategy. 
(5) ANNUAL REPORT.—Not later than 2 years 
after receipt of the first disbursement of funds from 
a grant awarded under this subtitle, and annually 
thereafter, an eligible unit of local government shall 
submit a report to the Secretary on the status of the 
Strategy’s development and implementation, and, 
where practicable, a best available assessment of en-
ergy efficiency gains within the jurisdiction of the el-
igible unit of local government. 
(b) REQUIREMENTS FOR STATES.— 
(1) ALLOCATION OF GRANT FUNDS.—A State 
receiving a grant under this subtitle shall use at 
least 70 percent of the funds received to provide 
subgrants to units of local government in the State 
that are not eligible units of local government. The 
State shall make such subgrant awards not later 
than 6 months after approval of the State’s Strategy 
under paragraph (3). 
(2) PROPOSED STRATEGY.—Not later than 120 
days the date of enactment of this subtitle, each 
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173 
State shall submit to the Secretary a proposed En-
ergy Efficiency Strategy which establishes a process 
for making subgrants described in paragraph (1), 
and establishes goals for increased energy efficiency 
in the jurisdiction of the State. The Strategy shall 
include plans for the use of funds received under a 
grant under this subtitle to assist the State in the 
achievement of such goals, consistent with section 
194. 
(3) APPROVAL.—The Secretary shall approve or 
disapprove a proposed Strategy submitted under 
paragraph (2) not later than 90 days after receiving 
it. If the Secretary disapproves a proposed Strategy, 
the Secretary shall provide to the State the reasons 
for such disapproval. The State may revise and re-
submit the Strategy, as many times as required, 
until approval is granted. 
(4) FUNDING
FOR
PREPARATION
OF
STRAT-
EGY.— 
(A) IN GENERAL.—Until the Secretary has 
approved a proposed Energy Efficiency Strat-
egy under paragraph (2), the Secretary shall 
only disburse to a State $200,000 or 20 percent 
of the grant, whichever is greater, which may 
be used only for preparation of the Strategy. 
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174 
(B) REMAINDER OF FUNDS.—The remain-
der of a State’s grant funds awarded but not 
disbursed under subparagraph (A) shall remain 
available and shall be disbursed by the Sec-
retary upon approval of the Strategy. 
(5) LIMITATIONS ON USE OF FUNDS.—Of the 
amounts provided through a grant under this sub-
title, a State may use not more than 10 percent for 
administrative expenses. 
(6) ANNUAL REPORTS.—A State shall annually 
report to the Secretary on the development and im-
plementation of its Strategy. Each such report shall 
include— 
(A) a status report on the State’s subgrant 
program described in paragraph (1); 
(B) a best available assessment of energy 
efficiency gains achieved through the State’s 
Strategy; and 
(C) specific energy efficiency and energy 
conservation goals for future years. 
(c) STATE AND LOCAL ADVISORY COMMITTEE.— 
(1) 
STATE
AND
LOCAL
ADVISORY
COM-
MITTEE.—The Secretary shall establish a State and 
Local Advisory Committee to provide advice regard-
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175 
ing the administration, direction, and evaluation of 
the program under this subtitle. 
SEC. 196. REVIEW AND EVALUATION. 
The Secretary may review and evaluate the perform-
ance of grant recipients, including by performing audits, 
and may deny funding to such grant recipients for failure 
to properly adhere to— 
(1) the Secretary’s guidelines and regulations 
relating to the program under this subtitle, including 
the misuse or misappropriation of funds; or 
(2) the grant recipient’s Strategy. 
SEC. 197. TECHNICAL ASSISTANCE AND EDUCATION PRO-
GRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
and carry out a technical assistance and education pro-
gram to provide— 
(1) technical assistance to State and local gov-
ernments; 
(2) public education programs; 
(3) demonstration of innovative energy effi-
ciency systems and practices; and 
(4) identification of effective measurement 
methodologies and methods for changing or influ-
encing public participation in, and awareness of, en-
ergy efficiency programs. 
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(b) ELIGIBLE RECIPIENTS.—Eligible recipients of as-
sistance under this section shall include State and local 
governments, State and local government associations, 
public and private nonprofit organizations, and colleges 
and universities. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for car-
rying out this section $150,000,000 for each of the fiscal 
years 2008 through 2012. 
SEC. 198. AUTHORIZATION OF APPROPRIATIONS. 
(a) GRANTS.—There are authorized to be appro-
priated to the Secretary for grants under this subtitle, 
$2,000,000,000 for each of fiscal years 2008 through 
2012. 
(b) ADMINISTRATION.—There are authorized to be 
appropriated to the Secretary for administrative expenses 
of the program established under this subtitle— 
(1) $20,000,000 for fiscal year 2008; 
(2) $20,000,000 for fiscal year 2009; 
(3) $25,000,000 for fiscal year 2010; 
(4) $25,000,000 for fiscal year 2011; and 
(5) $30,000,000 for fiscal year 2012. 
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Subtitle J—Green Buildings 
Retrofit Loan Guarantees 
SEC. 199. GREEN BUILDINGS RETROFIT LOAN GUARAN-
TEES. 
(a) DEFINITIONS.—In this section: 
(1) COST.—The term ‘‘cost’’ has the meaning 
given the term ‘‘cost of a loan guarantee’’ within the 
meaning of section 502(5)(C) of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a(5)(C)). 
(2) GUARANTEE.— 
(A) IN GENERAL.—The term ‘‘guarantee’’ 
has the meaning given the term ‘‘loan guar-
antee’’ in section 502 of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661a). 
(B) INCLUSION.—The term ‘‘guarantee’’ 
includes a loan guarantee commitment (as de-
fined in section 502 of the Federal Credit Re-
form Act of 1990 (2 U.S.C. 661a)). 
(3) 
OBLIGATION.—The 
term 
‘‘obligation’’ 
means the loan or other debt obligation that is guar-
anteed under this section. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ELIGIBLE PURPOSES.—Except for division C of 
Public Law 108–423, the Director shall make loan guar-
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