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‘‘(1) A determination of the agency’s aggregate 
electricity demand during the system peak hours for 
the utilities providing electricity service to its facili-
ties during 2006 and 2007. 
‘‘(2) A forecast for each year through 2018 of 
the projected growth in such peak demand in light 
of projected growth of facilities, staff, activities, elec-
tric intensity of activities, and other relevant factors. 
‘‘(b) FEDERAL ELECTRICITY PEAK DEMAND REDUC-
TION STANDARD.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), for calendar year 2009 and each calendar 
year thereafter, each Federal agency shall reduce its 
aggregate peak electricity demand or make such 
amounts of electricity demand available in the form 
of demand response, by the percentage amount spec-
ified in the Federal Electricity Peak Demand Reduc-
tion Standard set forth in the following table: 
‘‘Federal Electricity Peak Demand Reduction Standard 
Calendar Year 
Reduction of Peak Demand Forecast 
2009 .............................
2 percent of the peak demand forecast for cal-
endar year 2009 
2010 .............................
4 percent of the peak demand forecast for cal-
endar year 2010 
2011 .............................
6 percent of the peak demand forecast for cal-
endar year 2011 
2012 .............................
8 percent of the peak demand forecast for cal-
endar year 2012 
2013 .............................
10 percent of the peak demand forecast for cal-
endar year 2013 
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‘‘Federal Electricity Peak Demand Reduction Standard— 
Continued 
Calendar Year 
Reduction of Peak Demand Forecast 
2014 .............................
12 percent of the peak demand forecast for cal-
endar year 2014 
2015 .............................
14 percent of the peak demand forecast for cal-
endar year 2015 
2016 .............................
16 percent of the peak demand forecast for cal-
endar year 2016 
2017 .............................
18 percent of the peak demand forecast for cal-
endar year 2017 
2018 and each calendar 
year thereafter.
20 percent of the peak demand forecast for the 
applicable calendar year 
In the table above, the term ‘forecast’ refers to the 
forecast set forth in the 2008 report under section 
548(a) of this Act as updated in accordance with 
subsection in (c)(1)(C). 
‘‘(2) EXCEPTION.—The standard under this 
subsection shall not apply to any activity of a Fed-
eral agency relating to defense or national security 
if compliance with the standard would have an ad-
verse mission impact on the activity, as determined 
by the Secretary of Defense or the Secretary of 
Homeland Security. 
‘‘(c) IMPLEMENTATION OF STANDARD.— 
‘‘(1) IN GENERAL.—Not later than January 1, 
2010, and each calendar year thereafter, each Fed-
eral agency shall include in the annual energy plan 
of the Federal agency each of the following: 
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‘‘(A) An assessment of whether the Fed-
eral agency was in compliance with the stand-
ard under subsection (b) for the preceding year. 
‘‘(B) A description of— 
‘‘(i) the method by which the Federal 
agency proposes to comply with the stand-
ard for the following calendar year; and 
‘‘(ii) the factors relied on by the head 
of the Federal agency in determining 
whether to participate in demand response 
programs offered by an electric utility or 
others during the preceding calendar year; 
and 
‘‘(iii) if the Federal agency did not 
participate in a demand response program 
offered by each utility providing electric 
service to facilities of the agency during 
the preceding calendar year, an expla-
nation for the decision by the head of the 
Federal agency to not participate. 
‘‘(C) An update of the agency’s prior fore-
cast for the remaining years in the period until 
2018. 
‘‘(2) AVAILABILITY TO PUBLIC.—Not later than 
January 1, 2010, and each calendar year thereafter, 
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the head of each Federal agency shall make available 
to the public a description of each provision included 
in the annual energy plan of the Federal agency de-
scribed in subparagraphs (A) through (C) of para-
graph (1). 
‘‘(d) MODIFICATIONS TO FEDERAL ENERGY MAN-
AGEMENT PROGRAM.—The Secretary shall make any 
modification to the Federal Energy Management Program 
of the Department of Energy that the Secretary deter-
mines to be necessary to— 
‘‘(1) incorporate the standard established under 
subsection (b) into the Federal Energy Management 
Program; 
‘‘(2) assist any Federal agency to comply with 
the standard established under subsection (b) 
through any appropriate means, including con-
ducting 1 or more demonstration projects at Federal 
facilities. 
‘‘(e) ANNUAL REPORT.—Not later than March 1, 
2010, and annually thereafter, the Secretary shall submit 
to Congress a report that evaluates the success of agencies 
in meeting the standard established under subsection (b) 
and the success of the Federal Energy Management Pro-
gram in assisting agencies with meeting the standard, and 
the costs and benefits of such participation. 
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issue a rule or regulation establishing a lower per-
centage limit.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(k) WAGES.—No loan guarantee shall be made 
under this title unless the borrower has provided to the 
Secretary reasonable assurances that all laborers and me-
chanics employed by contractors or subcontractors in the 
performance of construction work financed in whole or in 
part with the loan will be paid wages at rates not less 
than those prevailing on similar work in the locality as 
determined by the Secretary of Labor in accordance with 
subchapter IV of chapter 31 of title 40, United States 
Code (commonly referred to as the Davis-Bacon Act).’’. 
SEC. 9202. EXCLUSION OF CATEGORIES. 
Section 1704 of the Energy Policy Act of 2005 (42 
U.S.C. 16514) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(c) EXCLUSION OF CATEGORIES.—No appropriation 
authorized pursuant to this section may exclude any cat-
egory of eligible project described in section 1703.’’. 
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Subtitle D—Renewable Fuel Infra-
structure and International Co-
operation 
PART 1—RENEWABLE FUEL INFRASTRUCTURE 
SEC. 9301. RENEWABLE FUEL INFRASTRUCTURE DEVELOP-
MENT. 
(a) DEFINITION.—For purposes of this subtitle— 
(1) the term ‘‘renewable fuel’’ means E85 
biofuel, or B20; 
(2) the term ‘‘biofuel’’ means fuel produced en-
tirely from biological material and determined by the 
Department of Energy and the Environmental Pro-
tection Agency to be commercially viable; 
(3) the term ‘‘B20’’ means a mixture of bio-
diesel and diesel fuel meeting the standard estab-
lished by the American Society for Testing and Ma-
terials or under section 211(u) of the Clean Air Act 
for fuel containing 20 percent biodiesel; 
(4) the term ‘‘E85’’ means a fuel blend con-
taining 85 percent denatured ethanol and 15 percent 
gasoline by volume; 
(5) the term ‘‘flexible-fuel vehicle’’ means any 
motor vehicle warranted by the manufacturer of the 
vehicle as capable of operating on gasoline or diesel 
fuel and on— 
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(A) E85; or 
(B) B20; and 
(6) the term ‘‘motor vehicle’’ means, as defined 
in regulations promulgated by the Administrator of 
the Environmental Protection Agency that are in ef-
fect on the date of enactment of this Act— 
(A) a light-duty truck; 
(B) a light-duty vehicle; or 
(C) medium-duty passenger vehicle, 
that is designed to be propelled by gasoline or diesel 
fuel. 
(b) INFRASTRUCTURE DEVELOPMENT GRANTS.— 
The Secretary of Energy shall establish a program for 
making grants for providing assistance to retail and 
wholesale motor fuel dealers or other entities for the in-
stallation, replacement, or conversion of motor fuel storage 
and dispensing infrastructure to be used exclusively to 
store and dispense renewable fuel. Such infrastructure 
may include equipment used in the blending, distribution, 
and transport of such fuels. 
(c) RETAIL TECHNICAL AND MARKETING ASSIST-
ANCE.—The Secretary of Energy shall enter into contracts 
with entities with demonstrated experience in assisting re-
tail fueling stations in installing refueling systems and 
marketing renewable fuels nationally, for the provision of 
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technical and marketing assistance to recipients of grants 
under this section. Such assistance shall include— 
(1) technical advice for compliance with applica-
ble Federal and State environmental requirements; 
(2) help in identifying supply sources and se-
curing long-term contracts; and 
(3) provision of public outreach, education, and 
labeling materials. 
(d) ALLOCATION.—The Secretary of Energy may re-
serve funds appropriated for carrying out this section to 
support renewable fuels infrastructure development 
projects with a cost of greater than $1,000,000, that are 
of national significance. The Secretary shall reserve funds 
appropriated for the renewable fuels infrastructure devel-
opment grant program for technical and marketing assist-
ance described in subsection (c). 
(e) SELECTION
CRITERIA.—Not later than 12 
months after the date of enactment of this Act, the Sec-
retary shall establish criteria for evaluating applications 
for grants under this section that will maximize the avail-
ability and use of renewable fuel, and that will ensure that 
renewable fuel is available across the country. Such cri-
teria shall provide for— 
(1) consideration of the public demand for each 
renewable fuel in a particular geographic area based 
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on State registration records showing the number of 
flexible-fuel vehicles; 
(2) consideration of the opportunity to create or 
expand corridors of renewable fuel stations along 
interstate or State highways; 
(3) consideration of the experience of each ap-
plicant with previous, similar projects; 
(4) consideration of population, number of flexi-
ble-fuel vehicles, number of retail fuel outlets, and 
saturation of flexible-fuel vehicles; and 
(5) priority consideration to applications that— 
(A) are most likely to maximize displace-
ment of petroleum consumption, measured as a 
total quantity and a percentage; 
(B) are best able to incorporate existing 
infrastructure while maximizing, to the extent 
practicable, the use of renewable fuels; and 
(C) demonstrate the greatest commitment 
on the part of the applicant to ensure funding 
for the proposed project and the greatest likeli-
hood that the project will be maintained or ex-
panded after Federal assistance under this sec-
tion is completed. 
(f) COMBINED APPLICATIONS.—States and local gov-
ernment entities and nonprofit entities may apply for as-
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(2) TABLE OF CONTENTS.—The table of con-
tents of the Petroleum Marketing Practices Act (15 
U.S.C. 2801 note) is amended— 
(A) by inserting after the item relating to 
section 106 the following: 
‘‘Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.’’; 
and 
(B) by striking the item relating to section 
202 and inserting the following: 
‘‘Sec. 202. Automotive fuel rating testing and disclosure requirements.’’. 
SEC. 9303. RENEWABLE FUEL DISPENSER REQUIREMENTS. 
(a) MARKET PENETRATION REPORTS.—The Sec-
retary of Energy, in consultation with the Secretary of 
Transportation, shall determine and report to Congress 
annually on the market penetration for flexible-fuel vehi-
cles in use within geographic regions to be established by 
the Secretary of Energy. 
(b) DISPENSER
FEASIBILITY
STUDY.—Not later 
than 24 months after the date of enactment of this Act, 
the Secretary of Energy, in consultation with the Depart-
ment of Transportation, shall report to the Congress on 
the feasibility of requiring motor fuel retailers to install 
E–85 compatible dispensers and related systems at retail 
fuel facilities in regions where flexible-fuel vehicle market 
penetration has reached 15 percent of motor vehicles. In 
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conducting such study, the Secretary shall consider and 
report on the following factors: 
(1) The commercial availability of E–85 fuel 
and the number of competing E–85 wholesale sup-
pliers in a given region. 
(2) The level of financial assistance provided on 
an annual basis by the Federal Government, State 
governments, and nonprofit entities for the installa-
tion of E–85 compatible infrastructure. 
(3) The number of retailers whose retail loca-
tions are unable to support more than 2 under-
ground storage tank dispensers. 
(4) The expense incurred by retailers in the in-
stallation and sale of E–85 compatible dispensers 
and related systems and any potential effects on the 
price of motor vehicle fuel. 
SEC. 9304. PIPELINE FEASIBILITY STUDY. 
(a) IN GENERAL.—The Secretary of Energy, in con-
sultation with the Secretary of Transportation, shall con-
duct a study of the feasibility of the construction of dedi-
cated ethanol pipelines. 
(b) FACTORS.—In conducting the study, the Sec-
retary shall consider— 
(1) the quantity of ethanol production that 
would make dedicated pipelines economically viable; 
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(2) existing or potential barriers to dedicated 
ethanol pipelines, including technical, siting, financ-
ing, and regulatory barriers; 
(3) market risk (including throughput risk) and 
means of mitigating the risk; 
(4) regulatory, financing, and siting options 
that would mitigate risk in those areas and help en-
sure the construction of 1 or more dedicated ethanol 
pipelines; 
(5) financial incentives that may be necessary 
for the construction of dedicated ethanol pipelines, 
including the return on equity that sponsors of the 
initial dedicated ethanol pipelines will require to in-
vest in the pipelines; 
(6) technical factors that may compromise the 
safe transportation of ethanol in pipelines, identi-
fying remedial and preventative measures to ensure 
pipeline integrity; and 
(7) such other factors as the Secretary con-
siders appropriate. 
(c) REPORT.—Not later than 15 months after the 
date of enactment of this Act, the Secretary shall submit 
to Congress a report describing the results of the study 
conducted under this section. 
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SEC. 9305. STUDY OF ETHANOL-BLENDED GASOLINE WITH 
GREATER LEVELS OF ETHANOL. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency, in cooperation with the Sec-
retary of Energy and the Secretary of Transportation, and 
after providing notice and an opportunity for public com-
ment, shall conduct a study of the feasibility of widespread 
utilization in the United States of ethanol blended gasoline 
with levels of ethanol greater than 10 percent. 
(b) STUDY.—The study under subsection (a) shall in-
clude— 
(1) a review of production and infrastructure 
constraints on increasing the consumption of eth-
anol; 
(2) an evaluation of the economic, market, and 
energy impacts of State and regional differences in 
ethanol blends; 
(3) an evaluation of the economic, market, and 
energy impacts on gasoline retailers and consumers 
of separate and distinctly labeled fuel storage facili-
ties and dispensers; 
(4) an evaluation of the environmental impacts 
of mid-level ethanol blends on evaporative and ex-
haust emissions from on-road, off-road and marine 
engines, recreational boats, vehicles, and equipment; 
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(5) an evaluation of the impacts of mid-level 
ethanol blends on the operation, durability, and per-
formance of on-road, off-road, and marine engines, 
recreational boats, vehicles, and equipment; and 
(6) an evaluation of the safety impacts of mid- 
level ethanol blends on consumers that own and op-
erate off-road and marine engines, recreational 
boats, vehicles, or equipment. 
(c) REPORT.—Not later than 24 months after the 
date of enactment of this Act, the Administrator shall sub-
mit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report describing 
the results of the study conducted under this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator 
such sums as may be necessary for the completion of the 
study required under this section. 
SEC. 9306. STUDY OF THE ADEQUACY OF RAILROAD TRANS-
PORTATION OF DOMESTICALLY-PRODUCED 
RENEWABLE FUEL. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary of Energy, in 
consultation with the Secretary of Transportation, 
shall conduct a study of the adequacy of railroad 
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transportation of domestically-produced renewable 
fuel. 
(2) COMPONENTS.—In conducting the study 
under paragraph (1), the Secretary shall consider— 
(A) the adequacy of, and appropriate loca-
tion for, tracks that have sufficient capacity, 
and are in the appropriate condition, to move 
the necessary quantities of domestically-pro-
duced renewable fuel; 
(B) the adequacy of the supply of railroad 
tank cars, locomotives, and rail crews to move 
the necessary quantities of domestically-pro-
duced renewable fuel in a timely fashion; 
(C)(i) the projected costs of moving the do-
mestically-produced renewable fuel using rail-
road transportation; and 
(ii) the impact of the projected costs on 
the marketability of the domestically-produced 
renewable fuel; 
(D) whether there is adequate railroad 
competition to ensure— 
(i) a fair price for the railroad trans-
portation of domestically-produced renew-
able fuel; and 
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(ii) acceptable levels of service for rail-
road transportation of domestically-pro-
duced renewable fuel; 
(E) any rail infrastructure capital costs 
that the railroads indicate should be paid by the 
producers or distributors of domestically-pro-
duced renewable fuel; 
(F) whether Federal agencies have ade-
quate legal authority to ensure a fair and rea-
sonable transportation price and acceptable lev-
els of service in cases in which the domestically- 
produced renewable fuel source does not have 
access to competitive rail service; 
(G) whether Federal agencies have ade-
quate legal authority to address railroad service 
problems that may be resulting in inadequate 
supplies of domestically-produced renewable fuel 
in any area of the United States; and 
(H) any recommendations for any addi-
tional legal authorities for Federal agencies to 
ensure the reliable railroad transportation of 
adequate supplies of domestically-produced re-
newable fuel at reasonable prices. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to 
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(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 9314. STUDY OF IMPACT OF INCREASED RENEWABLE 
FUEL USE. 
(a) IN GENERAL.—The Secretary of Energy shall, 
after consultation with the Administrator of the Environ-
mental Protection Agency, the Administrator of the En-
ergy Information Administration, and the Secretary of Ag-
riculture, conduct a study to assess the impact of in-
creased use of renewable fuels on the United States econ-
omy. The Secretary shall enter into an arrangement with 
the National Academy of Sciences to provide peer review 
of the study. 
(b) STUDY ELEMENTS.—The study shall analyze, in 
terms of renewable fuels, the following: 
(1) The impact of the use of renewable fuels on 
the energy security of the United States. 
(2) The impact of the use of renewable fuels on 
public health and the environment, including air and 
water quality. 
(3) The impact of renewable fuels on the infra-
structure of the United States, including the deliver-
ability of materials, goods, and products other than 
alternative fuels. 
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(4) The impact of the use of renewable fuels on 
job creation, the price and supply of agricultural 
commodities, and rural economic development. 
(c) PARTICIPATION.—In conducting the study under 
this section, the Secretary and other agencies shall seek 
the participation, and consider the input, of the following: 
(1) Producers of feed grains. 
(2) Producers of livestock, poultry, and pork 
products. 
(3) Producers of energy. 
(4) Individuals and entities interested in issues 
relating to conservation, the environment, and nutri-
tion, and users of renewable fuels. 
(d) REPORT.—The Secretary shall submit a report 
to the Congress containing the initial results of the study 
under this section not later than 2 years after enactment 
of this Act and subsequently supplement and update such 
report every 3 years thereafter. 
SEC. 9315. GRANTS FOR RENEWABLE FUEL PRODUCTION 
RESEARCH AND DEVELOPMENT IN CERTAIN 
STATES. 
(a) IN
GENERAL.—The Secretary shall provide 
grants to eligible entities to conduct research into, and de-
velop and implement, renewable fuel production tech-
nologies in States with low rates of ethanol production, 
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