Energy Independence and Security Act of 2007
PL 110-140 (H.R.6), enacted 12/19/2007

121 STAT. 1492 
PUBLIC LAW 110–140—DEC. 19, 2007 
Public Law 110–140 
110th Congress 
An Act 
To move the United States toward greater energy independence and security, to 
increase the production of clean renewable fuels, to protect consumers, to increase 
the efficiency of products, buildings, and vehicles, to promote research on and 
deploy greenhouse gas capture and storage options, and to improve the energy 
performance of the Federal Government, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Energy 
Independence and Security Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Relationship to other law. 
TITLE I—ENERGY SECURITY THROUGH IMPROVED VEHICLE FUEL 
ECONOMY 
Subtitle A—Increased Corporate Average Fuel Economy Standards 
Sec. 101. Short title. 
Sec. 102. Average fuel economy standards for automobiles and certain other vehi-
cles. 
Sec. 103. Definitions. 
Sec. 104. Credit trading program. 
Sec. 105. Consumer information. 
Sec. 106. Continued applicability of existing standards. 
Sec. 107. National Academy of Sciences studies. 
Sec. 108. National Academy of Sciences study of medium-duty and heavy-duty 
truck fuel economy. 
Sec. 109. Extension of flexible fuel vehicle credit program. 
Sec. 110. Periodic review of accuracy of fuel economy labeling procedures. 
Sec. 111. Consumer tire information. 
Sec. 112. Use of civil penalties for research and development. 
Sec. 113. Exemption from separate calculation requirement. 
Subtitle B—Improved Vehicle Technology 
Sec. 131. Transportation electrification. 
Sec. 132. Domestic manufacturing conversion grant program. 
Sec. 133. Inclusion of electric drive in Energy Policy Act of 1992. 
Sec. 134. Loan guarantees for fuel-efficient automobile parts manufacturers. 
Sec. 135. Advanced battery loan guarantee program. 
Sec. 136. Advanced technology vehicles manufacturing incentive program. 
Subtitle C—Federal Vehicle Fleets 
Sec. 141. Federal vehicle fleets. 
Sec. 142. Federal fleet conservation requirements. 
Energy 
Independence 
and Security Act 
of 2007. 
42 USC 17001 
note. 
Dec. 19, 2007 
[H.R. 6] 
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121 STAT. 1493 
PUBLIC LAW 110–140—DEC. 19, 2007 
TITLE II—ENERGY SECURITY THROUGH INCREASED PRODUCTION OF 
BIOFUELS 
Subtitle A—Renewable Fuel Standard 
Sec. 201. Definitions. 
Sec. 202. Renewable fuel standard. 
Sec. 203. Study of impact of Renewable Fuel Standard. 
Sec. 204. Environmental and resource conservation impacts. 
Sec. 205. Biomass based diesel and biodiesel labeling. 
Sec. 206. Study of credits for use of renewable electricity in electric vehicles. 
Sec. 207. Grants for production of advanced biofuels. 
Sec. 208. Integrated consideration of water quality in determinations on fuels and 
fuel additives. 
Sec. 209. Anti-backsliding. 
Sec. 210. Effective date, savings provision, and transition rules. 
Subtitle B—Biofuels Research and Development 
Sec. 221. Biodiesel. 
Sec. 222. Biogas. 
Sec. 223. Grants for biofuel production research and development in certain States. 
Sec. 224. Biorefinery energy efficiency. 
Sec. 225. Study of optimization of flexible fueled vehicles to use E–85 fuel. 
Sec. 226. Study of engine durability and performance associated with the use of 
biodiesel. 
Sec. 227. Study of optimization of biogas used in natural gas vehicles. 
Sec. 228. Algal biomass. 
Sec. 229. Biofuels and biorefinery information center. 
Sec. 230. Cellulosic ethanol and biofuels research. 
Sec. 231. Bioenergy research and development, authorization of appropriation. 
Sec. 232. Environmental research and development. 
Sec. 233. Bioenergy research centers. 
Sec. 234. University based research and development grant program. 
Subtitle C—Biofuels Infrastructure 
Sec. 241. Prohibition on franchise agreement restrictions related to renewable fuel 
infrastructure. 
Sec. 242. Renewable fuel dispenser requirements. 
Sec. 243. Ethanol pipeline feasibility study. 
Sec. 244. Renewable fuel infrastructure grants. 
Sec. 245. Study of the adequacy of transportation of domestically-produced renew-
able fuel by railroads and other modes of transportation. 
Sec. 246. Federal fleet fueling centers. 
Sec. 247. Standard specifications for biodiesel. 
Sec. 248. Biofuels distribution and advanced biofuels infrastructure. 
Subtitle D—Environmental Safeguards 
Sec. 251. Waiver for fuel or fuel additives. 
TITLE III—ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR 
APPLIANCE AND LIGHTING 
Subtitle A—Appliance Energy Efficiency 
Sec. 301. External power supply efficiency standards. 
Sec. 302. Updating appliance test procedures. 
Sec. 303. Residential boilers. 
Sec. 304. Furnace fan standard process. 
Sec. 305. Improving schedule for standards updating and clarifying State authority. 
Sec. 306. Regional standards for furnaces, central air conditioners, and heat 
pumps. 
Sec. 307. Procedure for prescribing new or amended standards. 
Sec. 308. Expedited rulemakings. 
Sec. 309. Battery chargers. 
Sec. 310. Standby mode. 
Sec. 311. Energy standards for home appliances. 
Sec. 312. Walk-in coolers and walk-in freezers. 
Sec. 313. Electric motor efficiency standards. 
Sec. 314. Standards for single package vertical air conditioners and heat pumps. 
Sec. 315. Improved energy efficiency for appliances and buildings in cold climates. 
Sec. 316. Technical corrections. 
Subtitle B—Lighting Energy Efficiency 
Sec. 321. Efficient light bulbs. 
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121 STAT. 1494 
PUBLIC LAW 110–140—DEC. 19, 2007 
Sec. 322. Incandescent reflector lamp efficiency standards. 
Sec. 323. Public building energy efficient and renewable energy systems. 
Sec. 324. Metal halide lamp fixtures. 
Sec. 325. Energy efficiency labeling for consumer electronic products. 
TITLE IV—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY 
Sec. 401. Definitions. 
Subtitle A—Residential Building Efficiency 
Sec. 411. Reauthorization of weatherization assistance program. 
Sec. 412. Study of renewable energy rebate programs. 
Sec. 413. Energy code improvements applicable to manufactured housing. 
Subtitle B—High-Performance Commercial Buildings 
Sec. 421. Commercial high-performance green buildings. 
Sec. 422. Zero Net Energy Commercial Buildings Initiative. 
Sec. 423. Public outreach. 
Subtitle C—High-Performance Federal Buildings 
Sec. 431. Energy reduction goals for Federal buildings. 
Sec. 432. Management of energy and water efficiency in Federal buildings. 
Sec. 433. Federal building energy efficiency performance standards. 
Sec. 434. Management of Federal building efficiency. 
Sec. 435. Leasing. 
Sec. 436. High-performance green Federal buildings. 
Sec. 437. Federal green building performance. 
Sec. 438. Storm water runoff requirements for Federal development projects. 
Sec. 439. Cost-effective technology acceleration program. 
Sec. 440. Authorization of appropriations. 
Sec. 441. Public building life-cycle costs. 
Subtitle D—Industrial Energy Efficiency 
Sec. 451. Industrial energy efficiency. 
Sec. 452. Energy-intensive industries program. 
Sec. 453. Energy efficiency for data center buildings. 
Subtitle E—Healthy High-Performance Schools 
Sec. 461. Healthy high-performance schools. 
Sec. 462. Study on indoor environmental quality in schools. 
Subtitle F—Institutional Entities 
Sec. 471. Energy sustainability and efficiency grants and loans for institutions. 
Subtitle G—Public and Assisted Housing 
Sec. 481. Application of International Energy Conservation Code to public and as-
sisted housing. 
Subtitle H—General Provisions 
Sec. 491. Demonstration project. 
Sec. 492. Research and development. 
Sec. 493. Environmental Protection Agency demonstration grant program for local 
governments. 
Sec. 494. Green Building Advisory Committee. 
Sec. 495. Advisory Committee on Energy Efficiency Finance. 
TITLE V—ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS 
Subtitle A—United States Capitol Complex 
Sec. 501. Capitol complex photovoltaic roof feasibility studies. 
Sec. 502. Capitol complex E–85 refueling station. 
Sec. 503. Energy and environmental measures in Capitol complex master plan. 
Sec. 504. Promoting maximum efficiency in operation of Capitol power plant. 
Sec. 505. Capitol power plant carbon dioxide emissions feasibility study and dem-
onstration projects. 
Subtitle B—Energy Savings Performance Contracting 
Sec. 511. Authority to enter into contracts; reports. 
Sec. 512. Financing flexibility. 
Sec. 513. Promoting long-term energy savings performance contracts and verifying 
savings. 
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121 STAT. 1495 
PUBLIC LAW 110–140—DEC. 19, 2007 
Sec. 514. Permanent reauthorization. 
Sec. 515. Definition of energy savings. 
Sec. 516. Retention of savings. 
Sec. 517. Training Federal contracting officers to negotiate energy efficiency con-
tracts. 
Sec. 518. Study of energy and cost savings in nonbuilding applications. 
Subtitle C—Energy Efficiency in Federal Agencies 
Sec. 521. Installation of photovoltaic system at Department of Energy headquarters 
building. 
Sec. 522. Prohibition on incandescent lamps by Coast Guard. 
Sec. 523. Standard relating to solar hot water heaters. 
Sec. 524. Federally-procured appliances with standby power. 
Sec. 525. Federal procurement of energy efficient products. 
Sec. 526. Procurement and acquisition of alternative fuels. 
Sec. 527. Government efficiency status reports. 
Sec. 528. OMB government efficiency reports and scorecards. 
Sec. 529. Electricity sector demand response. 
Subtitle D—Energy Efficiency of Public Institutions 
Sec. 531. Reauthorization of State energy programs. 
Sec. 532. Utility energy efficiency programs. 
Subtitle E—Energy Efficiency and Conservation Block Grants 
Sec. 541. Definitions. 
Sec. 542. Energy Efficiency and Conservation Block Grant Program. 
Sec. 543. Allocation of funds. 
Sec. 544. Use of funds. 
Sec. 545. Requirements for eligible entities. 
Sec. 546. Competitive grants. 
Sec. 547. Review and evaluation. 
Sec. 548. Funding. 
TITLE VI—ACCELERATED RESEARCH AND DEVELOPMENT 
Subtitle A—Solar Energy 
Sec. 601. Short title. 
Sec. 602. Thermal energy storage research and development program. 
Sec. 603. Concentrating solar power commercial application studies. 
Sec. 604. Solar energy curriculum development and certification grants. 
Sec. 605. Daylighting systems and direct solar light pipe technology. 
Sec. 606. Solar Air Conditioning Research and Development Program. 
Sec. 607. Photovoltaic demonstration program. 
Subtitle B—Geothermal Energy 
Sec. 611. Short title. 
Sec. 612. Definitions. 
Sec. 613. Hydrothermal research and development. 
Sec. 614. General geothermal systems research and development. 
Sec. 615. Enhanced geothermal systems research and development. 
Sec. 616. Geothermal energy production from oil and gas fields and recovery and 
production of geopressured gas resources. 
Sec. 617. Cost sharing and proposal evaluation. 
Sec. 618. Center for geothermal technology transfer. 
Sec. 619. GeoPowering America. 
Sec. 620. Educational pilot program. 
Sec. 621. Reports. 
Sec. 622. Applicability of other laws. 
Sec. 623. Authorization of appropriations. 
Sec. 624. International geothermal energy development. 
Sec. 625. High cost region geothermal energy grant program. 
Subtitle C—Marine and Hydrokinetic Renewable Energy Technologies 
Sec. 631. Short title. 
Sec. 632. Definition. 
Sec. 633. Marine and hydrokinetic renewable energy research and development. 
Sec. 634. National Marine Renewable Energy Research, Development, and Dem-
onstration Centers. 
Sec. 635. Applicability of other laws. 
Sec. 636. Authorization of appropriations. 
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121 STAT. 1496 
PUBLIC LAW 110–140—DEC. 19, 2007 
Subtitle D—Energy Storage for Transportation and Electric Power 
Sec. 641. Energy storage competitiveness. 
Subtitle E—Miscellaneous Provisions 
Sec. 651. Lightweight materials research and development. 
Sec. 652. Commercial insulation demonstration program. 
Sec. 653. Technical criteria for clean coal power Initiative. 
Sec. 654. H-Prize. 
Sec. 655. Bright Tomorrow Lighting Prizes. 
Sec. 656. Renewable Energy innovation manufacturing partnership. 
TITLE VII—CARBON CAPTURE AND SEQUESTRATION 
Subtitle A—Carbon Capture and Sequestration Research, Development, and 
Demonstration 
Sec. 701. Short title. 
Sec. 702. Carbon capture and sequestration research, development, and demonstra-
tion program. 
Sec. 703. Carbon capture. 
Sec. 704. Review of large-scale programs. 
Sec. 705. Geologic sequestration training and research. 
Sec. 706. Relation to Safe Drinking Water Act. 
Sec. 707. Safety research. 
Sec. 708. University based research and development grant program. 
Subtitle B—Carbon Capture and Sequestration Assessment and Framework 
Sec. 711. Carbon dioxide sequestration capacity assessment. 
Sec. 712. Assessment of carbon sequestration and methane and nitrous oxide emis-
sions from ecosystems. 
Sec. 713. Carbon dioxide sequestration inventory. 
Sec. 714. Framework for geological carbon sequestration on public land. 
TITLE VIII—IMPROVED MANAGEMENT OF ENERGY POLICY 
Subtitle A—Management Improvements 
Sec. 801. National media campaign. 
Sec. 802. Alaska Natural Gas Pipeline administration. 
Sec. 803. Renewable energy deployment. 
Sec. 804. Coordination of planned refinery outages. 
Sec. 805. Assessment of resources. 
Sec. 806. Sense of Congress relating to the use of renewable resources to generate 
energy. 
Sec. 807. Geothermal assessment, exploration information, and priority activities. 
Subtitle B—Prohibitions on Market Manipulation and False Information 
Sec. 811. Prohibition on market manipulation. 
Sec. 812. Prohibition on false information. 
Sec. 813. Enforcement by the Federal Trade Commission. 
Sec. 814. Penalties. 
Sec. 815. Effect on other laws. 
TITLE IX—INTERNATIONAL ENERGY PROGRAMS 
Sec. 901. Definitions. 
Subtitle A—Assistance to Promote Clean and Efficient Energy Technologies in 
Foreign Countries 
Sec. 911. United States assistance for developing countries. 
Sec. 912. United States exports and outreach programs for India, China, and other 
countries. 
Sec. 913. United States trade missions to encourage private sector trade and in-
vestment. 
Sec. 914. Actions by Overseas Private Investment Corporation. 
Sec. 915. Actions by United States Trade and Development Agency. 
Sec. 916. Deployment of international clean and efficient energy technologies and 
investment in global energy markets. 
Sec. 917. United States-Israel energy cooperation. 
Subtitle B—International Clean Energy Foundation 
Sec. 921. Definitions. 
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121 STAT. 1497 
PUBLIC LAW 110–140—DEC. 19, 2007 
Sec. 922. Establishment and management of Foundation. 
Sec. 923. Duties of Foundation. 
Sec. 924. Annual report. 
Sec. 925. Powers of the Foundation; related provisions. 
Sec. 926. General personnel authorities. 
Sec. 927. Authorization of appropriations. 
Subtitle C—Miscellaneous Provisions 
Sec. 931. Energy diplomacy and security within the Department of State. 
Sec. 932. National Security Council reorganization. 
Sec. 933. Annual national energy security strategy report. 
Sec. 934. Convention on Supplementary Compensation for Nuclear Damage contin-
gent cost allocation. 
Sec. 935. Transparency in extractive industries resource payments. 
TITLE X—GREEN JOBS 
Sec. 1001. Short title. 
Sec. 1002. Energy efficiency and renewable energy worker training program. 
TITLE XI—ENERGY TRANSPORTATION AND INFRASTRUCTURE 
Subtitle A—Department of Transportation 
Sec. 1101. Office of Climate Change and Environment. 
Subtitle B—Railroads 
Sec. 1111. Advanced technology locomotive grant pilot program. 
Sec. 1112. Capital grants for class II and class III railroads. 
Subtitle C—Marine Transportation 
Sec. 1121. Short sea transportation initiative. 
Sec. 1122. Short sea shipping eligibility for capital construction fund. 
Sec. 1123. Short sea transportation report. 
Subtitle D—Highways 
Sec. 1131. Increased Federal share for CMAQ projects. 
Sec. 1132. Distribution of rescissions. 
Sec. 1133. Sense of Congress regarding use of complete streets design techniques. 
TITLE XII—SMALL BUSINESS ENERGY PROGRAMS 
Sec. 1201. Express loans for renewable energy and energy efficiency. 
Sec. 1202. Pilot program for reduced 7(a) fees for purchase of energy efficient tech-
nologies. 
Sec. 1203. Small business energy efficiency. 
Sec. 1204. Larger 504 loan limits to help business develop energy efficient tech-
nologies and purchases. 
Sec. 1205. Energy saving debentures. 
Sec. 1206. Investments in energy saving small businesses. 
Sec. 1207. Renewable fuel capital investment company. 
Sec. 1208. Study and report. 
TITLE XIII—SMART GRID 
Sec. 1301. Statement of policy on modernization of electricity grid. 
Sec. 1302. Smart grid system report. 
Sec. 1303. Smart grid advisory committee and smart grid task force. 
Sec. 1304. Smart grid technology research, development, and demonstration. 
Sec. 1305. Smart grid interoperability framework. 
Sec. 1306. Federal matching fund for smart grid investment costs. 
Sec. 1307. State consideration of smart grid. 
Sec. 1308. Study of the effect of private wire laws on the development of combined 
heat and power facilities. 
Sec. 1309. DOE study of security attributes of smart grid systems. 
TITLE XIV—POOL AND SPA SAFETY 
Sec. 1401. Short title. 
Sec. 1402. Findings. 
Sec. 1403. Definitions. 
Sec. 1404. Federal swimming pool and spa drain cover standard. 
Sec. 1405. State swimming pool safety grant program. 
Sec. 1406. Minimum State law requirements. 
Sec. 1407. Education program. 
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121 STAT. 1498 
PUBLIC LAW 110–140—DEC. 19, 2007 
Sec. 1408. CPSC report. 
TITLE XV—REVENUE PROVISIONS 
Sec. 1500. Amendment of 1986 Code. 
Sec. 1501. Extension of additional 0.2 percent FUTA surtax. 
Sec. 1502. 7-year amortization of geological and geophysical expenditures for cer-
tain major integrated oil companies. 
TITLE XVI—EFFECTIVE DATE 
Sec. 1601. Effective date. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Energy. 
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
SEC. 3. RELATIONSHIP TO OTHER LAW. 
Except to the extent expressly provided in this Act or an amend-
ment made by this Act, nothing in this Act or an amendment 
made by this Act supersedes, limits the authority provided or 
responsibility conferred by, or authorizes any violation of any provi-
sion of law (including a regulation), including any energy or environ-
mental law or regulation. 
TITLE I—ENERGY SECURITY THROUGH 
IMPROVED VEHICLE FUEL ECONOMY 
Subtitle A—Increased Corporate Average 
Fuel Economy Standards 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ten-in-Ten Fuel Economy 
Act’’. 
SEC. 102. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES 
AND CERTAIN OTHER VEHICLES. 
(a) INCREASED STANDARDS.—Section 32902 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘NON-PASSENGER
AUTOMOBILES.—’’ 
and inserting ‘‘PRESCRIPTION OF STANDARDS BY REGULA-
TION.—’’; 
(B) by striking ‘‘(except passenger automobiles)’’ in sub-
section (a); and 
(C) by striking the last sentence; 
(2) by striking subsection (b) and inserting the following: 
‘‘(b) STANDARDS
FOR
AUTOMOBILES
AND
CERTAIN
OTHER 
VEHICLES.— 
42 USC 30101 
note. 
Ten-in-Ten Fuel 
Economy Act. 
42 USC 17002. 
42 USC 17001. 
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121 STAT. 1499 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(1) IN GENERAL.—The Secretary of Transportation, after 
consultation with the Secretary of Energy and the Adminis-
trator of the Environmental Protection Agency, shall prescribe 
separate average fuel economy standards for— 
‘‘(A) passenger automobiles manufactured by manufac-
turers in each model year beginning with model year 2011 
in accordance with this subsection; 
‘‘(B) non-passenger automobiles manufactured by 
manufacturers in each model year beginning with model 
year 2011 in accordance with this subsection; and 
‘‘(C) work trucks and commercial medium-duty or 
heavy-duty on-highway vehicles in accordance with sub-
section (k). 
‘‘(2) FUEL ECONOMY STANDARDS FOR AUTOMOBILES.— 
‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL 
YEARS 2011 THROUGH 2020.—The Secretary shall prescribe 
a separate average fuel economy standard for passenger 
automobiles and a separate average fuel economy standard 
for non-passenger automobiles for each model year begin-
ning with model year 2011 to achieve a combined fuel 
economy average for model year 2020 of at least 35 miles 
per gallon for the total fleet of passenger and non-passenger 
automobiles manufactured for sale in the United States 
for that model year. 
‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL 
YEARS 2021 THROUGH 2030.—For model years 2021 through 
2030, the average fuel economy required to be attained 
by each fleet of passenger and non-passenger automobiles 
manufactured for sale in the United States shall be the 
maximum feasible average fuel economy standard for each 
fleet for that model year. 
‘‘(C) PROGRESS TOWARD STANDARD REQUIRED.—In pre-
scribing average fuel economy standards under subpara-
graph (A), the Secretary shall prescribe annual fuel 
economy standard increases that increase the applicable 
average fuel economy standard ratably beginning with 
model year 2011 and ending with model year 2020. 
‘‘(3) AUTHORITY OF THE SECRETARY.—The Secretary shall— 
‘‘(A) prescribe by regulation separate average fuel 
economy standards for passenger and non-passenger auto-
mobiles based on 1 or more vehicle attributes related to 
fuel economy and express each standard in the form of 
a mathematical function; and 
‘‘(B) issue regulations under this title prescribing aver-
age fuel economy standards for at least 1, but not more 
than 5, model years. 
‘‘(4) MINIMUM STANDARD.—In addition to any standard pre-
scribed pursuant to paragraph (3), each manufacturer shall 
also meet the minimum standard for domestically manufac-
tured passenger automobiles, which shall be the greater of— 
‘‘(A) 27.5 miles per gallon; or 
‘‘(B) 92 percent of the average fuel economy projected 
by the Secretary for the combined domestic and non- 
domestic passenger automobile fleets manufactured for sale 
in the United States by all manufacturers in the model 
year, which projection shall be published in the Federal 
Federal Register, 
publication. 
Regulations. 
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121 STAT. 1500 
PUBLIC LAW 110–140—DEC. 19, 2007 
Register when the standard for that model year is promul-
gated in accordance with this section.’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘(1) Subject to paragraph (2) of this 
subsection, the’’ and inserting ‘‘The’’; and 
(B) by striking paragraph (2). 
(b) FUEL ECONOMY STANDARD FOR COMMERCIAL MEDIUM-DUTY 
AND HEAVY-DUTY ON-HIGHWAY VEHICLES
AND WORK TRUCKS.— 
Section 32902 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘(k) COMMERCIAL MEDIUM- AND HEAVY-DUTY ON-HIGHWAY 
VEHICLES AND WORK TRUCKS.— 
‘‘(1) STUDY.—Not later than 1 year after the National 
Academy of Sciences publishes the results of its study under 
section 108 of the Ten-in-Ten Fuel Economy Act, the Secretary 
of Transportation, in consultation with the Secretary of Energy 
and the Administrator of the Environmental Protection Agency, 
shall examine the fuel efficiency of commercial medium- and 
heavy-duty on-highway vehicles and work trucks and deter-
mine— 
‘‘(A) the appropriate test procedures and methodologies 
for measuring the fuel efficiency of such vehicles and work 
trucks; 
‘‘(B) the appropriate metric for measuring and 
expressing commercial medium- and heavy-duty on-high-
way vehicle and work truck fuel efficiency performance, 
taking into consideration, among other things, the work 
performed by such on-highway vehicles and work trucks 
and types of operations in which they are used; 
‘‘(C) the range of factors, including, without limitation, 
design, functionality, use, duty cycle, infrastructure, and 
total overall energy consumption and operating costs that 
affect commercial medium- and heavy-duty on-highway 
vehicle and work truck fuel efficiency; and 
‘‘(D) such other factors and conditions that could have 
an impact on a program to improve commercial medium- 
and heavy-duty on-highway vehicle and work truck fuel 
efficiency. 
‘‘(2) RULEMAKING.—Not later than 24 months after comple-
tion of the study required under paragraph (1), the Secretary, 
in consultation with the Secretary of Energy and the Adminis-
trator of the Environmental Protection Agency, by regulation, 
shall determine in a rulemaking proceeding how to implement 
a commercial medium- and heavy-duty on-highway vehicle and 
work truck fuel efficiency improvement program designed to 
achieve the maximum feasible improvement, and shall adopt 
and implement appropriate test methods, measurement 
metrics, fuel economy standards, and compliance and enforce-
ment protocols that are appropriate, cost-effective, and techno-
logically feasible for commercial medium- and heavy-duty on- 
highway vehicles and work trucks. The Secretary may prescribe 
separate standards for different classes of vehicles under this 
subsection. 
‘‘(3) LEAD-TIME; REGULATORY STABILITY.—The commercial 
medium- and heavy-duty on-highway vehicle and work truck 
fuel economy standard adopted pursuant to this subsection 
shall provide not less than— 
Deadline. 
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121 STAT. 1501 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) 4 full model years of regulatory lead-time; and 
‘‘(B) 3 full model years of regulatory stability.’’. 
SEC. 103. DEFINITIONS. 
(a) IN GENERAL.—Section 32901(a) of title 49, United States 
Code, is amended— 
(1) by striking paragraph (3) and inserting the following: 
‘‘(3) except as provided in section 32908 of this title, ‘auto-
mobile’ means a 4-wheeled vehicle that is propelled by fuel, 
or by alternative fuel, manufactured primarily for use on public 
streets, roads, and highways and rated at less than 10,000 
pounds gross vehicle weight, except— 
‘‘(A) a vehicle operated only on a rail line; 
‘‘(B) a vehicle manufactured in different stages by 2 
or more manufacturers, if no intermediate or final-stage 
manufacturer of that vehicle manufactures more than 
10,000 multi-stage vehicles per year; or 
‘‘(C) a work truck.’’; 
(2) by redesignating paragraphs (7) through (16) as para-
graphs (8) through (17), respectively; 
(3) by inserting after paragraph (6) the following: 
‘‘(7) ‘commercial medium- and heavy-duty on-highway 
vehicle’ means an on-highway vehicle with a gross vehicle 
weight rating of 10,000 pounds or more.’’; 
(4) in paragraph (9)(A), as redesignated, by inserting ‘‘or 
a mixture of biodiesel and diesel fuel meeting the standard 
established by the American Society for Testing and Materials 
or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) 
for fuel containing 20 percent biodiesel (commonly known as 
‘B20’)’’ after ‘‘alternative fuel’’; 
(5) by redesignating paragraph (17), as redesignated, as 
paragraph (18); 
(6) by inserting after paragraph (16), as redesignated, the 
following: 
‘‘(17) ‘non-passenger automobile’ means an automobile that 
is not a passenger automobile or a work truck.’’; and 
(7) by adding at the end the following: 
‘‘(19) ‘work truck’ means a vehicle that— 
‘‘(A) is rated at between 8,500 and 10,000 pounds gross 
vehicle weight; and 
‘‘(B) is not a medium-duty passenger vehicle (as defined 
in section 86.1803–01 of title 40, Code of Federal Regula-
tions, as in effect on the date of the enactment of the 
Ten-in-Ten Fuel Economy Act).’’. 
SEC. 104. CREDIT TRADING PROGRAM. 
(a) IN GENERAL.—Section 32903 of title 49, United States Code, 
is amended— 
(1) by striking ‘‘section 32902(b)–(d) of this title’’ each place 
it appears and inserting ‘‘subsections (a) through (d) of section 
32902’’; 
(2) in subsection (a)(2)— 
(A) by striking ‘‘3 consecutive model years’’ and 
inserting ‘‘5 consecutive model years’’; 
(B) by striking ‘‘clause (1) of this subsection,’’ and 
inserting ‘‘paragraph (1)’’; 
(3) by redesignating subsection (f) as subsection (h); and 
(4) by inserting after subsection (e) the following: 
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121 STAT. 1502 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(f) CREDIT TRADING AMONG MANUFACTURERS.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation may 
establish, by regulation, a fuel economy credit trading program 
to allow manufacturers whose automobiles exceed the average 
fuel economy standards prescribed under section 32902 to earn 
credits to be sold to manufacturers whose automobiles fail 
to achieve the prescribed standards such that the total oil 
savings associated with manufacturers that exceed the pre-
scribed standards are preserved when trading credits to manu-
facturers that fail to achieve the prescribed standards. 
‘‘(2) LIMITATION.—The trading of credits by a manufacturer 
to the category of passenger automobiles manufactured domesti-
cally is limited to the extent that the fuel economy level of 
such automobiles shall comply with the requirements of section 
32902(b)(4), without regard to any trading of credits from other 
manufacturers. 
‘‘(g) 
CREDIT
TRANSFERRING
WITHIN
A
MANUFACTURER’S 
FLEET.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
establish by regulation a fuel economy credit transferring pro-
gram to allow any manufacturer whose automobiles exceed 
any of the average fuel economy standards prescribed under 
section 32902 to transfer the credits earned under this section 
and to apply such credits within that manufacturer’s fleet to 
a compliance category of automobiles that fails to achieve the 
prescribed standards. 
‘‘(2) YEARS FOR WHICH USED.—Credits transferred under 
this subsection are available to be used in the same model 
years that the manufacturer could have applied such credits 
under subsections (a), (b), (d), and (e), as well as for the model 
year in which the manufacturer earned such credits. 
‘‘(3) MAXIMUM INCREASE.—The maximum increase in any 
compliance category attributable to transferred credits is— 
‘‘(A) for model years 2011 through 2013, 1.0 mile per 
gallon; 
‘‘(B) for model years 2014 through 2017, 1.5 miles 
per gallon; and 
‘‘(C) for model year 2018 and subsequent model years, 
2.0 miles per gallon. 
‘‘(4) LIMITATION.—The transfer of credits by a manufacturer 
to the category of passenger automobiles manufactured domesti-
cally is limited to the extent that the fuel economy level of 
such automobiles shall comply with the requirements under 
section 32904(b)(4), without regard to any transfer of credits 
from other categories of automobiles described in paragraph 
(6)(B). 
‘‘(5) YEARS AVAILABLE.—A credit may be transferred under 
this subsection only if it is earned after model year 2010. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) FLEET.—The term ‘fleet’ means all automobiles 
manufactured by a manufacturer in a particular model 
year. 
‘‘(B) COMPLIANCE
CATEGORY
OF
AUTOMOBILES.—The 
term ‘compliance category of automobiles’ means any of 
the following 3 categories of automobiles for which compli-
ance is separately calculated under this chapter: 
Regulations. 
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121 STAT. 1503 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) Passenger automobiles manufactured domesti-
cally. 
‘‘(ii) Passenger automobiles not manufactured 
domestically. 
‘‘(iii) Non-passenger automobiles.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) LIMITATIONS.—Section 32902(h) of title 49, United 
States Code, is amended— 
(A) in paragraph (1), by striking ‘‘and’’ at the end; 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) may not consider, when prescribing a fuel economy 
standard, the trading, transferring, or availability of credits 
under section 32903.’’. 
(2) SEPARATE
CALCULATIONS.—Section 32904(b)(1)(B) is 
amended by striking ‘‘chapter.’’ and inserting ‘‘chapter, except 
for the purposes of section 32903.’’. 
SEC. 105. CONSUMER INFORMATION. 
Section 32908 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(g) CONSUMER INFORMATION.— 
‘‘(1) PROGRAM.—The Secretary of Transportation, in con-
sultation with the Secretary of Energy and the Administrator 
of the Environmental Protection Agency, shall develop and 
implement by rule a program to require manufacturers— 
‘‘(A) to label new automobiles sold in the United States 
with— 
‘‘(i) information reflecting an automobile’s perform-
ance on the basis of criteria that the Administrator 
shall develop, not later than 18 months after the date 
of the enactment of the Ten-in-Ten Fuel Economy Act, 
to reflect fuel economy and greenhouse gas and other 
emissions over the useful life of the automobile; 
‘‘(ii) a rating system that would make it easy for 
consumers to compare the fuel economy and green-
house gas and other emissions of automobiles at the 
point of purchase, including a designation of auto-
mobiles— 
‘‘(I) with the lowest greenhouse gas emissions 
over the useful life of the vehicles; and 
‘‘(II) the highest fuel economy; and 
‘‘(iii) a permanent and prominent display that an 
automobile is capable of operating on an alternative 
fuel; and 
‘‘(B) to include in the owner’s manual for vehicles 
capable of operating on alternative fuels information that 
describes that capability and the benefits of using alter-
native fuels, including the renewable nature and environ-
mental benefits of using alternative fuels. 
‘‘(2) CONSUMER EDUCATION.— 
‘‘(A) IN
GENERAL.—The Secretary of Transportation, 
in consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection Agency, 
shall develop and implement by rule a consumer education 
program to improve consumer understanding of automobile 
Criteria. 
Deadline. 
Regulations. 
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121 STAT. 1504 
PUBLIC LAW 110–140—DEC. 19, 2007 
performance described in paragraph (1)(A)(i) and to inform 
consumers of the benefits of using alternative fuel in auto-
mobiles and the location of stations with alternative fuel 
capacity. 
‘‘(B) FUEL SAVINGS EDUCATION CAMPAIGN.—The Sec-
retary of Transportation shall establish a consumer edu-
cation campaign on the fuel savings that would be recog-
nized from the purchase of vehicles equipped with thermal 
management technologies, including energy efficient air 
conditioning systems and glass. 
‘‘(3) FUEL
TANK
LABELS
FOR
ALTERNATIVE
FUEL
AUTO-
MOBILES.—The Secretary of Transportation shall by rule require 
a label to be attached to the fuel compartment of vehicles 
capable of operating on alternative fuels, with the form of 
alternative fuel stated on the label. A label attached in compli-
ance with the requirements of section 32905(h) is deemed to 
meet the requirements of this paragraph. 
‘‘(4) RULEMAKING DEADLINE.—The Secretary of Transpor-
tation shall issue a final rule under this subsection not later 
than 42 months after the date of the enactment of the Ten- 
in-Ten Fuel Economy Act.’’. 
SEC. 106. CONTINUED APPLICABILITY OF EXISTING STANDARDS. 
Nothing in this subtitle, or the amendments made by this 
subtitle, shall be construed to affect the application of section 32902 
of title 49, United States Code, to passenger automobiles or non- 
passenger automobiles manufactured before model year 2011. 
SEC. 107. NATIONAL ACADEMY OF SCIENCES STUDIES. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Secretary of Transportation shall execute 
an agreement with the National Academy of Sciences to develop 
a report evaluating vehicle fuel economy standards, including— 
(1) an assessment of automotive technologies and costs 
to reflect developments since the Academy’s 2002 report evalu-
ating the corporate average fuel economy standards was con-
ducted; 
(2) an analysis of existing and potential technologies that 
may be used practically to improve automobile and medium- 
duty and heavy-duty truck fuel economy; 
(3) an analysis of how such technologies may be practically 
integrated into the automotive and medium-duty and heavy- 
duty truck manufacturing process; and 
(4) an assessment of how such technologies may be used 
to meet the new fuel economy standards under chapter 329 
of title 49, United States Code, as amended by this subtitle. 
(b) REPORT.—The Academy shall submit the report to the Sec-
retary, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Energy and Commerce of 
the House of Representatives, with its findings and recommenda-
tions not later than 5 years after the date on which the Secretary 
executes the agreement with the Academy. 
(c) QUINQUENNIAL
UPDATES.—After submitting the initial 
report, the Academy shall update the report at 5 year intervals 
thereafter through 2025. 
Contracts. 
49 USC 32902 
note. 
49 USC 32902 
note. 
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121 STAT. 1505 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 108. NATIONAL ACADEMY OF SCIENCES STUDY OF MEDIUM-DUTY 
AND HEAVY-DUTY TRUCK FUEL ECONOMY. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment of this Act, the Secretary of Transportation shall execute 
an agreement with the National Academy of Sciences to develop 
a report evaluating medium-duty and heavy-duty truck fuel 
economy standards, including— 
(1) an assessment of technologies and costs to evaluate 
fuel economy for medium-duty and heavy-duty trucks; 
(2) an analysis of existing and potential technologies that 
may be used practically to improve medium-duty and heavy- 
duty truck fuel economy; 
(3) an analysis of how such technologies may be practically 
integrated into the medium-duty and heavy-duty truck manu-
facturing process; 
(4) an assessment of how such technologies may be used 
to meet fuel economy standards to be prescribed under section 
32902(k) of title 49, United States Code, as amended by this 
subtitle; and 
(5) associated costs and other impacts on the operation 
of medium-duty and heavy-duty trucks, including congestion. 
(b) REPORT.—The Academy shall submit the report to the Sec-
retary, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Energy and Commerce of 
the House of Representatives, with its findings and recommenda-
tions not later than 1 year after the date on which the Secretary 
executes the agreement with the Academy. 
SEC. 109. EXTENSION OF FLEXIBLE FUEL VEHICLE CREDIT PROGRAM. 
(a) IN GENERAL.—Section 32906 of title 49, United States Code, 
is amended to read as follows: 
‘‘§ 32906. Maximum fuel economy increase for alternative fuel 
automobiles 
‘‘(a) IN GENERAL.—For each of model years 1993 through 2019 
for each category of automobile (except an electric automobile), 
the maximum increase in average fuel economy for a manufacturer 
attributable to dual fueled automobiles is— 
‘‘(1) 1.2 miles a gallon for each of model years 1993 through 
2014; 
‘‘(2) 1.0 miles per gallon for model year 2015; 
‘‘(3) 0.8 miles per gallon for model year 2016; 
‘‘(4) 0.6 miles per gallon for model year 2017; 
‘‘(5) 0.4 miles per gallon for model year 2018; 
‘‘(6) 0.2 miles per gallon for model year 2019; and 
‘‘(7) 0 miles per gallon for model years after 2019. 
‘‘(b) CALCULATION.—In applying subsection (a), the Adminis-
trator of the Environmental Protection Agency shall determine the 
increase in a manufacturer’s average fuel economy attributable 
to dual fueled automobiles by subtracting from the manufacturer’s 
average fuel economy calculated under section 32905(e) the number 
equal to what the manufacturer’s average fuel economy would be 
if it were calculated by the formula under section 32904(a)(1) by 
including as the denominator for each model of dual fueled auto-
mobiles the fuel economy when the automobiles are operated on 
gasoline or diesel fuel.’’. 
Contracts. 
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121 STAT. 1506 
PUBLIC LAW 110–140—DEC. 19, 2007 
(b) CONFORMING AMENDMENTS.—Section 32905 of title 49, 
United States Code, is amended— 
(1) in subsection (b), by striking ‘‘1993–2010,’’ and inserting 
‘‘1993 through 2019,’’; 
(2) in subsection (d), by striking ‘‘1993–2010,’’ and inserting 
‘‘1993 through 2019,’’; 
(3) by striking subsections (f) and (g); and 
(4) by redesignating subsection (h) as subsection (f). 
(c) B20 BIODIESEL FLEXIBLE FUEL CREDIT.—Section 32905(b)(2) 
of title 49, United States Code, is amended to read as follows: 
‘‘(2) .5 divided by the fuel economy— 
‘‘(A) measured under subsection (a) when operating 
the model on alternative fuel; or 
‘‘(B) measured based on the fuel content of B20 when 
operating the model on B20, which is deemed to contain 
0.15 gallon of fuel.’’. 
SEC. 110. PERIODIC REVIEW OF ACCURACY OF FUEL ECONOMY 
LABELING PROCEDURES. 
Beginning in December 2009, and not less often than every 
5 years thereafter, the Administrator of the Environmental Protec-
tion Agency, in consultation with the Secretary of Transportation, 
shall— 
(1) reevaluate the fuel economy labeling procedures 
described in the final rule published in the Federal Register 
on December 27, 2006 (71 Fed. Reg. 77,872; 40 CFR parts 
86 and 600) to determine whether changes in the factors used 
to establish the labeling procedures warrant a revision of that 
process; and 
(2) submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives that describes 
the results of the reevaluation process. 
SEC. 111. CONSUMER TIRE INFORMATION. 
(a) IN GENERAL.—Chapter 323 of title 49, United States Code, 
is amended by inserting after section 32304 the following: 
‘‘§ 32304A. Consumer tire information 
‘‘(a) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 24 months after the date 
of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary 
of Transportation shall, after notice and opportunity for com-
ment, promulgate rules establishing a national tire fuel effi-
ciency consumer information program for replacement tires 
designed for use on motor vehicles to educate consumers about 
the effect of tires on automobile fuel efficiency, safety, and 
durability. 
‘‘(2) ITEMS
INCLUDED
IN
RULE.—The rulemaking shall 
include— 
‘‘(A) a national tire fuel efficiency rating system for 
motor vehicle replacement tires to assist consumers in 
making more educated tire purchasing decisions; 
‘‘(B) requirements for providing information to con-
sumers, including information at the point of sale and 
other 
potential 
information 
dissemination 
methods, 
including the Internet; 
Deadline. 
Reports. 
Effective date. 
Deadlines. 
42 USC 32908 
note. 
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121 STAT. 1507 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(C) specifications for test methods for manufacturers 
to use in assessing and rating tires to avoid variation 
among test equipment and manufacturers; and 
‘‘(D) a national tire maintenance consumer education 
program including, information on tire inflation pressure, 
alignment, rotation, and tread wear to maximize fuel effi-
ciency, safety, and durability of replacement tires. 
‘‘(3) APPLICABILITY.—This section shall apply only to 
replacement tires covered under section 575.104(c) of title 49, 
Code of Federal Regulations, in effect on the date of the enact-
ment of the Ten-in-Ten Fuel Economy Act. 
‘‘(b) CONSULTATION.—The Secretary shall consult with the Sec-
retary of Energy and the Administrator of the Environmental 
Protection Agency on the means of conveying tire fuel efficiency 
consumer information. 
‘‘(c) REPORT TO CONGRESS.—The Secretary shall conduct peri-
odic assessments of the rules promulgated under this section to 
determine the utility of such rules to consumers, the level of 
cooperation by industry, and the contribution to national goals 
pertaining to energy consumption. The Secretary shall transmit 
periodic reports detailing the findings of such assessments to the 
Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Energy and Commerce. 
‘‘(d) TIRE MARKING.—The Secretary shall not require permanent 
labeling of any kind on a tire for the purpose of tire fuel efficiency 
information. 
‘‘(e) APPLICATION WITH STATE AND LOCAL LAWS AND REGULA-
TIONS.—Nothing in this section prohibits a State or political subdivi-
sion thereof from enforcing a law or regulation on tire fuel efficiency 
consumer information that was in effect on January 1, 2006. After 
a requirement promulgated under this section is in effect, a State 
or political subdivision thereof may adopt or enforce a law or 
regulation on tire fuel efficiency consumer information enacted or 
promulgated after January 1, 2006, if the requirements of that 
law or regulation are identical to the requirement promulgated 
under this section. Nothing in this section shall be construed to 
preempt a State or political subdivision thereof from regulating 
the fuel efficiency of tires (including establishing testing methods 
for determining compliance with such standards) not otherwise 
preempted under this chapter.’’. 
(b) ENFORCEMENT.—Section 32308 of title 49, United States 
Code, is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (b) the following: 
‘‘(c) SECTION 32304A.—Any person who fails to comply with 
the national tire fuel efficiency information program under section 
32304A is liable to the United States Government for a civil penalty 
of not more than $50,000 for each violation.’’. 
(c) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 323 of title 49, United States Code, is amended by inserting 
after the item relating to section 32304 the following: 
‘‘32304A. Consumer tire information’’. 
Penalties. 
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121 STAT. 1508 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 112. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOP-
MENT. 
Section 32912 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(e) USE OF CIVIL PENALTIES.—For fiscal year 2008 and each 
fiscal year thereafter, from the total amount deposited in the general 
fund of the Treasury during the preceding fiscal year from fines, 
penalties, and other funds obtained through enforcement actions 
conducted pursuant to this section (including funds obtained under 
consent decrees), the Secretary of the Treasury, subject to the 
availability of appropriations, shall— 
‘‘(1) transfer 50 percent of such total amount to the account 
providing appropriations to the Secretary of Transportation 
for the administration of this chapter, which shall be used 
by the Secretary to support rulemaking under this chapter; 
and 
‘‘(2) transfer 50 percent of such total amount to the account 
providing appropriations to the Secretary of Transportation 
for the administration of this chapter, which shall be used 
by the Secretary to carry out a program to make grants to 
manufacturers for retooling, reequipping, or expanding existing 
manufacturing facilities in the United States to produce 
advanced technology vehicles and components.’’. 
SEC. 113. EXEMPTION FROM SEPARATE CALCULATION REQUIREMENT. 
(a) REPEAL.—Paragraphs (6), (7), and (8) of section 32904(b) 
of title 49, United States Code, are repealed. 
(b) EFFECT OF REPEAL ON EXISTING EXEMPTIONS.—Any exemp-
tion granted under section 32904(b)(6) of title 49, United States 
Code, prior to the date of the enactment of this Act shall remain 
in effect subject to its terms through model year 2013. 
(c) ACCRUAL AND USE OF CREDITS.—Any manufacturer holding 
an exemption under section 32904(b)(6) of title 49, United States 
Code, prior to the date of the enactment of this Act may accrue 
and use credits under sections 32903 and 32905 of such title begin-
ning with model year 2011. 
Subtitle B—Improved Vehicle Technology 
SEC. 131. TRANSPORTATION ELECTRIFICATION. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection Agency. 
(2) BATTERY.—The term ‘‘battery’’ means an electrochemical 
energy storage system powered directly by electrical current. 
(3) ELECTRIC
TRANSPORTATION
TECHNOLOGY.—The term 
‘‘electric transportation technology’’ means— 
(A) technology used in vehicles that use an electric 
motor for all or part of the motive power of the vehicles, 
including battery electric, hybrid electric, plug-in hybrid 
electric, fuel cell, and plug-in fuel cell vehicles, or rail 
transportation; or 
(B) equipment relating to transportation or mobile 
sources of air pollution that use an electric motor to replace 
an internal combustion engine for all or part of the work 
of the equipment, including— 
42 USC 17011. 
49 USC 32904 
note. 
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121 STAT. 1509 
PUBLIC LAW 110–140—DEC. 19, 2007 
(i) corded electric equipment linked to transpor-
tation or mobile sources of air pollution; and 
(ii) electrification technologies at airports, ports, 
truck stops, and material-handling facilities. 
(4) NONROAD VEHICLE.—The term ‘‘nonroad vehicle’’ means 
a vehicle— 
(A) powered— 
(i) by a nonroad engine, as that term is defined 
in section 216 of the Clean Air Act (42 U.S.C. 7550); 
or 
(ii) fully or partially by an electric motor powered 
by a fuel cell, a battery, or an off-board source of 
electricity; and 
(B) that is not a motor vehicle or a vehicle used solely 
for competition. 
(5) PLUG-IN
ELECTRIC
DRIVE
VEHICLE.—The term ‘‘plug- 
in electric drive vehicle’’ means a vehicle that— 
(A) draws motive power from a battery with a capacity 
of at least 4 kilowatt-hours; 
(B) can be recharged from an external source of elec-
tricity for motive power; and 
(C) is a light-, medium-, or heavy-duty motor vehicle 
or nonroad vehicle (as those terms are defined in section 
216 of the Clean Air Act (42 U.S.C. 7550)). 
(6) QUALIFIED
ELECTRIC
TRANSPORTATION
PROJECT.—The 
term ‘‘qualified electric transportation project’’ means an electric 
transportation technology project that would significantly 
reduce emissions of criteria pollutants, greenhouse gas emis-
sions, and petroleum, including— 
(A) shipside or shoreside electrification for vessels; 
(B) truck-stop electrification; 
(C) electric truck refrigeration units; 
(D) battery-powered auxiliary power units for trucks; 
(E) electric airport ground support equipment; 
(F) electric material and cargo handling equipment; 
(G) electric or dual-mode electric rail; 
(H) any distribution upgrades needed to supply elec-
tricity to the project; and 
(I) any ancillary infrastructure, including panel 
upgrades, battery chargers, in-situ transformers, and 
trenching. 
(b) PLUG-IN ELECTRIC DRIVE VEHICLE PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall establish a 
competitive program to provide grants on a cost-shared basis 
to 
State 
governments, 
local 
governments, 
metropolitan 
transportation authorities, air pollution control districts, private 
or nonprofit entities, or combinations of those governments, 
authorities, districts, and entities, to carry out one or more 
projects to encourage the use of plug-in electric drive vehicles 
or other emerging electric vehicle technologies, as determined 
by the Secretary. 
(2) ADMINISTRATION.—The Secretary shall, in consultation 
with the Secretary of Transportation and the Administrator, 
establish requirements for applications for grants under this 
section, including reporting of data to be summarized for 
dissemination to grantees and the public, including safety, 
Grants. 
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121 STAT. 1510 
PUBLIC LAW 110–140—DEC. 19, 2007 
vehicle, and component performance, and vehicle and compo-
nent life cycle costs. 
(3) PRIORITY.—In making awards under this subsection, 
the Secretary shall— 
(A) give priority consideration to applications that— 
(i) encourage early widespread use of vehicles 
described in paragraph (1); and 
(ii) are likely to make a significant contribution 
to the advancement of the production of the vehicles 
in the United States; and 
(B) ensure, to the maximum extent practicable, that 
the program established under this subsection includes 
a variety of applications, manufacturers, and end-uses. 
(4) REPORTING.—The Secretary shall require a grant 
recipient under this subsection to submit to the Secretary, 
on an annual basis, data relating to safety, vehicle performance, 
life cycle costs, and emissions of vehicles demonstrated under 
the grant, including emissions of greenhouse gases. 
(5) COST SHARING.—Section 988 of the Energy Policy Act 
of 2005 (42 U.S.C. 16352) shall apply to a grant made under 
this subsection. 
(6) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $90,000,000 
for each of fiscal years 2008 through 2012, of which not less 
than 1⁄3 of the total amount appropriated shall be available 
each fiscal year to make grants to local and municipal govern-
ments. 
(c) NEAR-TERM TRANSPORTATION SECTOR ELECTRIFICATION PRO-
GRAM.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in consultation with 
the Secretary of Transportation and the Administrator, shall 
establish a program to provide grants for the conduct of quali-
fied electric transportation projects. 
(2) PRIORITY.—In providing grants under this subsection, 
the Secretary shall give priority to large-scale projects and 
large-scale aggregators of projects. 
(3) COST SHARING.—Section 988 of the Energy Policy Act 
of 2005 (42 U.S.C. 16352) shall apply to a grant made under 
this subsection. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $95,000,000 
for each of fiscal years 2008 through 2013. 
(d) EDUCATION PROGRAM.— 
(1) IN GENERAL.—The Secretary shall develop a nationwide 
electric drive transportation technology education program 
under which the Secretary shall provide— 
(A) teaching materials to secondary schools and high 
schools; and 
(B) assistance for programs relating to electric drive 
system and component engineering to institutions of higher 
education. 
(2) ELECTRIC VEHICLE COMPETITION.—The program estab-
lished under paragraph (1) shall include a plug-in hybrid elec-
tric vehicle competition for institutions of higher education, 
which shall be known as the ‘‘Dr. Andrew Frank Plug-In Elec-
tric Vehicle Competition’’. 
Applicability. 
Deadline. 
Grants. 
Applicability. 
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121 STAT. 1511 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) ENGINEERS.—In carrying out the program established 
under paragraph (1), the Secretary shall provide financial 
assistance to institutions of higher education to create new, 
or support existing, degree programs to ensure the availability 
of trained electrical and mechanical engineers with the skills 
necessary for the advancement of— 
(A) plug-in electric drive vehicles; and 
(B) other forms of electric drive transportation tech-
nology vehicles. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as may be necessary to 
carry out this subsection. 
SEC. 132. DOMESTIC MANUFACTURING CONVERSION GRANT PRO-
GRAM. 
Section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) 
is amended to read as follows: 
‘‘SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PRO-
GRAM. 
‘‘(a) PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a program 
to encourage domestic production and sales of efficient hybrid 
and advanced diesel vehicles and components of those vehicles. 
‘‘(2) INCLUSIONS.—The program shall include grants to 
automobile manufacturers and suppliers and hybrid component 
manufacturers to encourage domestic production of efficient 
hybrid, plug-in electric hybrid, plug-in electric drive, and 
advanced diesel vehicles. 
‘‘(3) PRIORITY.—Priority shall be given to the refurbishment 
or retooling of manufacturing facilities that have recently 
ceased operation or will cease operation in the near future. 
‘‘(b) COORDINATION WITH STATE AND LOCAL PROGRAMS.—The 
Secretary may coordinate implementation of this section with State 
and local programs designed to accomplish similar goals, including 
the retention and retraining of skilled workers from the manufac-
turing facilities, including by establishing matching grant arrange-
ments. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary such sums as may be necessary 
to carry out this section.’’. 
SEC. 133. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT 
OF 1992. 
Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) 
is amended— 
(1) by redesignating subsections (a) through (d) as sub-
sections (b) through (e), respectively; 
(2) by inserting before subsection (b) the following: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) FUEL
CELL
ELECTRIC
VEHICLE.—The term ‘fuel cell 
electric vehicle’ means an on-road or non-road vehicle that 
uses a fuel cell (as defined in section 803 of the Spark M. 
Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)). 
‘‘(2) HYBRID ELECTRIC VEHICLE.—The term ‘hybrid electric 
vehicle’ means a new qualified hybrid motor vehicle (as defined 
in section 30B(d)(3) of the Internal Revenue Code of 1986). 
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121 STAT. 1512 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(3) MEDIUM- OR HEAVY-DUTY ELECTRIC VEHICLE.—The term 
‘medium- or heavy-duty electric vehicle’ means an electric, 
hybrid electric, or plug-in hybrid electric vehicle with a gross 
vehicle weight of more than 8,501 pounds. 
‘‘(4) 
NEIGHBORHOOD
ELECTRIC
VEHICLE.—The 
term 
‘neighborhood electric vehicle’ means a 4-wheeled on-road or 
nonroad vehicle that— 
‘‘(A) has a top attainable speed in 1 mile of more 
than 20 mph and not more than 25 mph on a paved 
level surface; and 
‘‘(B) is propelled by an electric motor and on-board, 
rechargeable energy storage system that is rechargeable 
using an off-board source of electricity. 
‘‘(5) PLUG-IN ELECTRIC DRIVE VEHICLE.—The term ‘plug- 
in electric drive vehicle’ means a vehicle that— 
‘‘(A) draws motive power from a battery with a capacity 
of at least 4 kilowatt-hours; 
‘‘(B) can be recharged from an external source of elec-
tricity for motive power; and 
‘‘(C) is a light-, medium-, or heavy duty motor vehicle 
or nonroad vehicle (as those terms are defined in section 
216 of the Clean Air Act (42 U.S.C. 7550)).’’; 
(3) in subsection (b) (as redesignated by paragraph (1))— 
(A) by striking ‘‘The Secretary’’ and inserting the fol-
lowing: 
‘‘(1) ALLOCATION.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) ELECTRIC VEHICLES.—Not later than January 31, 2009, 
the Secretary shall— 
‘‘(A) allocate credit in an amount to be determined 
by the Secretary for— 
‘‘(i) acquisition of— 
‘‘(I) a hybrid electric vehicle; 
‘‘(II) a plug-in electric drive vehicle; 
‘‘(III) a fuel cell electric vehicle; 
‘‘(IV) a neighborhood electric vehicle; or 
‘‘(V) a medium- or heavy-duty electric vehicle; 
and 
‘‘(ii) investment in qualified alternative fuel infra-
structure or nonroad equipment, as determined by the 
Secretary; and 
‘‘(B) allocate more than 1, but not to exceed 5, credits 
for investment in an emerging technology relating to any 
vehicle described in subparagraph (A) to encourage— 
‘‘(i) a reduction in petroleum demand; 
‘‘(ii) technological advancement; and 
‘‘(iii) a reduction in vehicle emissions.’’; 
(4) in subsection (c) (as redesignated by paragraph (1)), 
by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (b)’’; and 
(5) by adding at the end the following: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2008 through 2013.’’. 
Deadline. 
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121 STAT. 1513 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 134. LOAN GUARANTEES FOR FUEL-EFFICIENT AUTOMOBILE 
PARTS MANUFACTURERS. 
(a) IN GENERAL.—Section 712(a)(2) of the Energy Policy Act 
of 2005 (42 U.S.C. 16062(a)(2)) (as amended by section 132) is 
amended by inserting ‘‘and loan guarantees under section 1703’’ 
after ‘‘grants’’. 
(b) CONFORMING AMENDMENT.—Section 1703(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by striking 
paragraph (8) and inserting the following: 
‘‘(8) Production facilities for the manufacture of fuel effi-
cient vehicles or parts of those vehicles, including electric drive 
vehicles and advanced diesel vehicles.’’. 
SEC. 135. ADVANCED BATTERY LOAN GUARANTEE PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall estab-
lish a program to provide guarantees of loans by private institutions 
for the construction of facilities for the manufacture of advanced 
vehicle batteries and battery systems that are developed and pro-
duced in the United States, including advanced lithium ion batteries 
and hybrid electrical system and component manufacturers and 
software designers. 
(b) REQUIREMENTS.—The Secretary may provide a loan guar-
antee under subsection (a) to an applicant if— 
(1) without a loan guarantee, credit is not available to 
the applicant under reasonable terms or conditions sufficient 
to finance the construction of a facility described in subsection 
(a); 
(2) the prospective earning power of the applicant and 
the character and value of the security pledged provide a 
reasonable assurance of repayment of the loan to be guaranteed 
in accordance with the terms of the loan; and 
(3) the loan bears interest at a rate determined by the 
Secretary to be reasonable, taking into account the current 
average yield on outstanding obligations of the United States 
with remaining periods of maturity comparable to the maturity 
of the loan. 
(c) CRITERIA.—In selecting recipients of loan guarantees from 
among applicants, the Secretary shall give preference to proposals 
that— 
(1) meet all applicable Federal and State permitting 
requirements; 
(2) are most likely to be successful; and 
(3) are located in local markets that have the greatest 
need for the facility. 
(d) MATURITY.—A loan guaranteed under subsection (a) shall 
have a maturity of not more than 20 years. 
(e) TERMS AND CONDITIONS.—The loan agreement for a loan 
guaranteed under subsection (a) shall provide that no provision 
of the loan agreement may be amended or waived without the 
consent of the Secretary. 
(f) ASSURANCE OF REPAYMENT.—The Secretary shall require 
that an applicant for a loan guarantee under subsection (a) provide 
an assurance of repayment in the form of a performance bond, 
insurance, collateral, or other means acceptable to the Secretary 
in an amount equal to not less than 20 percent of the amount 
of the loan. 
42 USC 17012. 
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121 STAT. 1514 
PUBLIC LAW 110–140—DEC. 19, 2007 
(g) GUARANTEE FEE.—The recipient of a loan guarantee under 
subsection (a) shall pay the Secretary an amount determined by 
the Secretary to be sufficient to cover the administrative costs 
of the Secretary relating to the loan guarantee. 
(h) FULL FAITH AND CREDIT.—The full faith and credit of the 
United States is pledged to the payment of all guarantees made 
under this section. Any such guarantee made by the Secretary 
shall be conclusive evidence of the eligibility of the loan for the 
guarantee with respect to principal and interest. The validity of 
the guarantee shall be incontestable in the hands of a holder 
of the guaranteed loan. 
(i) REPORTS.—Until each guaranteed loan under this section 
has been repaid in full, the Secretary shall annually submit to 
Congress a report on the activities of the Secretary under this 
section. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
(k) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary to issue a loan guarantee under subsection (a) terminates 
on the date that is 10 years after the date of enactment of this 
Act. 
SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
INCENTIVE PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADVANCED TECHNOLOGY VEHICLE.—The term ‘‘advanced 
technology vehicle’’ means a light duty vehicle that meets— 
(A) the Bin 5 Tier II emission standard established 
in regulations issued by the Administrator of the Environ-
mental Protection Agency under section 202(i) of the Clean 
Air Act (42 U.S.C. 7521(i)), or a lower-numbered Bin emis-
sion standard; 
(B) any new emission standard in effect for fine particu-
late matter prescribed by the Administrator under that 
Act (42 U.S.C. 7401 et seq.); and 
(C) at least 125 percent of the average base year com-
bined fuel economy for vehicles with substantially similar 
attributes. 
(2) COMBINED FUEL ECONOMY.—The term ‘‘combined fuel 
economy’’ means— 
(A) the combined city/highway miles per gallon values, 
as reported in accordance with section 32904 of title 49, 
United States Code; and 
(B) in the case of an electric drive vehicle with the 
ability to recharge from an off-board source, the reported 
mileage, as determined in a manner consistent with the 
Society of Automotive Engineers recommended practice for 
that configuration or a similar practice recommended by 
the Secretary. 
(3) 
ENGINEERING
INTEGRATION
COSTS.—The 
term 
‘‘engineering integration costs’’ includes the cost of engineering 
tasks relating to— 
(A) incorporating qualifying components into the design 
of advanced technology vehicles; and 
42 USC 17013. 
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121 STAT. 1515 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) designing tooling and equipment and developing 
manufacturing processes and material suppliers for produc-
tion facilities that produce qualifying components or 
advanced technology vehicles. 
(4) QUALIFYING COMPONENTS.—The term ‘‘qualifying compo-
nents’’ means components that the Secretary determines to 
be— 
(A) designed for advanced technology vehicles; and 
(B) installed for the purpose of meeting the perform-
ance requirements of advanced technology vehicles. 
(b) ADVANCED VEHICLES MANUFACTURING FACILITY.—The Sec-
retary shall provide facility funding awards under this section to 
automobile manufacturers and component suppliers to pay not more 
than 30 percent of the cost of— 
(1) reequipping, expanding, or establishing a manufac-
turing facility in the United States to produce— 
(A) qualifying advanced technology vehicles; or 
(B) qualifying components; and 
(2) engineering integration performed in the United States 
of qualifying vehicles and qualifying components. 
(c) PERIOD OF AVAILABILITY.—An award under subsection (b) 
shall apply to— 
(1) facilities and equipment placed in service before 
December 30, 2020; and 
(2) engineering integration costs incurred during the period 
beginning on the date of enactment of this Act and ending 
on December 30, 2020. 
(d) DIRECT LOAN PROGRAM.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, and subject to the availability of 
appropriated funds, the Secretary shall carry out a program 
to provide a total of not more than $25,000,000,000 in loans 
to eligible individuals and entities (as determined by the Sec-
retary) for the costs of activities described in subsection (b). 
(2) APPLICATION.—An applicant for a loan under this sub-
section shall submit to the Secretary an application at such 
time, in such manner, and containing such information as 
the Secretary may require, including a written assurance that— 
(A) all laborers and mechanics employed by contractors 
or subcontractors during construction, alteration, or repair 
that is financed, in whole or in part, by a loan under 
this section shall be paid wages at rates not less than 
those prevailing on similar construction in the locality, 
as determined by the Secretary of Labor in accordance 
with sections 3141–3144, 3146, and 3147 of title 40, United 
States Code; and 
(B) the Secretary of Labor shall, with respect to the 
labor standards described in this paragraph, 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. 
(3) SELECTION OF ELIGIBLE PROJECTS.—The Secretary shall 
select eligible projects to receive loans under this subsection 
in cases in which, as determined by the Secretary, the award 
recipient— 
(A) is financially viable without the receipt of addi-
tional Federal funding associated with the proposed project; 
Deadline. 
Applicability. 
Awards. 
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121 STAT. 1516 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) will provide sufficient information to the Secretary 
for the Secretary to ensure that the qualified investment 
is expended efficiently and effectively; and 
(C) has met such other criteria as may be established 
and published by the Secretary. 
(4) RATES, TERMS, AND REPAYMENT OF LOANS.—A loan pro-
vided under this subsection— 
(A) shall have an interest rate that, as of the date 
on which the loan is made, is equal to the cost of funds 
to the Department of the Treasury for obligations of com-
parable maturity; 
(B) shall have a term equal to the lesser of— 
(i) the projected life, in years, of the eligible project 
to be carried out using funds from the loan, as deter-
mined by the Secretary; and 
(ii) 25 years; 
(C) may be subject to a deferral in repayment for 
not more than 5 years after the date on which the eligible 
project carried out using funds from the loan first begins 
operations, as determined by the Secretary; and 
(D) shall be made by the Federal Financing Bank. 
(e) IMPROVEMENT.—The Secretary shall issue regulations that 
require that, in order for an automobile manufacturer to be eligible 
for an award or loan under this section during a particular year, 
the adjusted average fuel economy of the manufacturer for light 
duty vehicles produced by the manufacturer during the most recent 
year for which data are available shall be not less than the average 
fuel economy for all light duty vehicles of the manufacturer for 
model year 2005. In order to determine fuel economy baselines 
for eligibility of a new manufacturer or a manufacturer that has 
not produced previously produced equivalent vehicles, the Secretary 
may substitute industry averages. 
(f) FEES.—Administrative costs shall be no more than $100,000 
or 10 basis point of the loan. 
(g) PRIORITY.—The Secretary shall, in making awards or loans 
to those manufacturers that have existing facilities, give priority 
to those facilities that are oldest or have been in existence for 
at least 20 years. Such facilities can currently be sitting idle. 
(h) SET ASIDE FOR SMALL AUTOMOBILE MANUFACTURERS AND 
COMPONENT SUPPLIERS.— 
(1) DEFINITION OF COVERED FIRM.—In this subsection, the 
term ‘‘covered firm’’ means a firm that— 
(A) employs less than 500 individuals; and 
(B) manufactures automobiles or components of auto-
mobiles. 
(2) SET
ASIDE.—Of the amount of funds that are used 
to provide awards for each fiscal year under subsection (b), 
the Secretary shall use not less than 10 percent to provide 
awards to covered firms or consortia led by a covered firm. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section for each of fiscal years 2008 through 2012. 
Regulations. 
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121 STAT. 1517 
PUBLIC LAW 110–140—DEC. 19, 2007 
Subtitle C—Federal Vehicle Fleets 
SEC. 141. FEDERAL VEHICLE FLEETS. 
Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) 
is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section: 
‘‘(f) VEHICLE EMISSION REQUIREMENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) FEDERAL AGENCY.—The term ‘Federal agency’ does 
not include any office of the legislative branch, except that 
it does include the House of Representatives with respect 
to an acquisition described in paragraph (2)(C). 
‘‘(B) MEDIUM
DUTY
PASSENGER
VEHICLE.—The term 
‘medium duty passenger vehicle’ has the meaning given 
that term section 523.2 of title 49 of the Code of Federal 
Regulations, as in effect on the date of enactment of this 
paragraph. 
‘‘(C) MEMBER’S REPRESENTATIONAL ALLOWANCE.—The 
term ‘Member’s Representational Allowance’ means the 
allowance described in section 101(a) of the House of Rep-
resentatives Administrative Reform Technical Corrections 
Act (2 U.S.C. 57b(a)). 
‘‘(2) PROHIBITION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), no Federal agency shall acquire a light duty motor 
vehicle or medium duty passenger vehicle that is not a 
low greenhouse gas emitting vehicle. 
‘‘(B) EXCEPTION.—The prohibition in subparagraph (A) 
shall not apply to acquisition of a vehicle if the head 
of the agency certifies in writing, in a separate certification 
for each individual vehicle purchased, either— 
‘‘(i) that no low greenhouse gas emitting vehicle 
is available to meet the functional needs of the agency 
and details in writing the functional needs that could 
not be met with a low greenhouse gas emitting vehicle; 
or 
‘‘(ii) that the agency has taken specific alternative 
more cost-effective measures to reduce petroleum 
consumption that— 
‘‘(I) have reduced a measured and verified 
quantity of greenhouse gas emissions equal to or 
greater than the quantity of greenhouse gas reduc-
tions that would have been achieved through 
acquisition of a low greenhouse gas emitting 
vehicle over the lifetime of the vehicle; or 
‘‘(II) will reduce each year a measured and 
verified quantity of greenhouse gas emissions 
equal to or greater than the quantity of greenhouse 
gas reductions that would have been achieved each 
year through acquisition of a low greenhouse gas 
emitting vehicle. 
‘‘(C) SPECIAL RULE FOR VEHICLES PROVIDED BY FUNDS 
CONTAINED IN MEMBERS’ REPRESENTATIONAL ALLOWANCE.— 
This paragraph shall apply to the acquisition of a light 
Applicability. 
Certification. 
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121 STAT. 1518 
PUBLIC LAW 110–140—DEC. 19, 2007 
duty motor vehicle or medium duty passenger vehicle using 
any portion of a Member’s Representational Allowance, 
including an acquisition under a long-term lease. 
‘‘(3) GUIDANCE.— 
‘‘(A) IN
GENERAL.—Each year, the Administrator of 
the Environmental Protection Agency shall issue guidance 
identifying the makes and model numbers of vehicles that 
are low greenhouse gas emitting vehicles. 
‘‘(B) CONSIDERATION.—In identifying vehicles under 
subparagraph (A), the Administrator shall take into 
account the most stringent standards for vehicle green-
house gas emissions applicable to and enforceable against 
motor vehicle manufacturers for vehicles sold anywhere 
in the United States. 
‘‘(C) REQUIREMENT.—The Administrator shall not iden-
tify any vehicle as a low greenhouse gas emitting vehicle 
if the vehicle emits greenhouse gases at a higher rate 
than such standards allow for the manufacturer’s fleet 
average grams per mile of carbon dioxide-equivalent emis-
sions for that class of vehicle, taking into account any 
emissions allowances and adjustment factors such stand-
ards provide.’’. 
SEC. 142. FEDERAL FLEET CONSERVATION REQUIREMENTS. 
Part J of title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6374 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION REQUIREMENTS. 
‘‘(a) MANDATORY REDUCTION IN PETROLEUM CONSUMPTION.— 
‘‘(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of this section, the Secretary shall issue regula-
tions for Federal fleets subject to section 400AA to require 
that, beginning in fiscal year 2010, each Federal agency shall 
reduce petroleum consumption and increase alternative fuel 
consumption each year by an amount necessary to meet the 
goals described in paragraph (2). 
‘‘(2) GOALS.—The goals of the requirements under para-
graph (1) are that not later than October 1, 2015, and for 
each year thereafter, each Federal agency shall achieve at 
least a 20 percent reduction in annual petroleum consumption 
and a 10 percent increase in annual alternative fuel consump-
tion, as calculated from the baseline established by the Sec-
retary for fiscal year 2005. 
‘‘(3) MILESTONES.—The Secretary shall include in the regu-
lations described in paragraph (1)— 
‘‘(A) interim numeric milestones to assess annual 
agency progress towards accomplishing the goals described 
in that paragraph; and 
‘‘(B) a requirement that agencies annually report on 
progress towards meeting each of the milestones and the 
2015 goals. 
‘‘(b) PLAN.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—The regulations under subsection 
(a) shall require each Federal agency to develop a plan, 
and implement the measures specified in the plan by dates 
Deadline. 
Deadline. 
Regulations. 
42 USC 6374e. 
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121 STAT. 1519 
PUBLIC LAW 110–140—DEC. 19, 2007 
specified in the plan, to meet the required petroleum reduc-
tion levels and the alternative fuel consumption increases, 
including the milestones specified by the Secretary. 
‘‘(B) INCLUSIONS.—The plan shall— 
‘‘(i) identify the specific measures the agency will 
use to meet the requirements of subsection (a)(2); and 
‘‘(ii) quantify the reductions in petroleum consump-
tion or increases in alternative fuel consumption pro-
jected to be achieved by each measure each year. 
‘‘(2) MEASURES.—The plan may allow an agency to meet 
the required petroleum reduction level through— 
‘‘(A) the use of alternative fuels; 
‘‘(B) the acquisition of vehicles with higher fuel 
economy, including hybrid vehicles, neighborhood electric 
vehicles, electric vehicles, and plug-in hybrid vehicles if 
the vehicles are commercially available; 
‘‘(C) the substitution of cars for light trucks; 
‘‘(D) an increase in vehicle load factors; 
‘‘(E) a decrease in vehicle miles traveled; 
‘‘(F) a decrease in fleet size; and 
‘‘(G) other measures.’’. 
TITLE II—ENERGY SECURITY THROUGH 
INCREASED PRODUCTION OF BIOFUELS 
Subtitle A—Renewable Fuel Standard 
SEC. 201. DEFINITIONS. 
Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)) is 
amended to read as follows: 
‘‘(1) DEFINITIONS.—In this section: 
‘‘(A) ADDITIONAL RENEWABLE FUEL.—The term ‘addi-
tional renewable fuel’ means fuel that is produced from 
renewable biomass and that is used to replace or reduce 
the quantity of fossil fuel present in home heating oil 
or jet fuel. 
‘‘(B) ADVANCED BIOFUEL.— 
‘‘(i) IN
GENERAL.—The term ‘advanced biofuel’ 
means renewable fuel, other than ethanol derived from 
corn starch, that has lifecycle greenhouse gas emis-
sions, as determined by the Administrator, after notice 
and opportunity for comment, that are at least 50 
percent less than baseline lifecycle greenhouse gas 
emissions. 
‘‘(ii) INCLUSIONS.—The types of fuels eligible for 
consideration as ‘advanced biofuel’ may include any 
of the following: 
‘‘(I) Ethanol derived from cellulose, hemi-
cellulose, or lignin. 
‘‘(II) Ethanol derived from sugar or starch 
(other than corn starch). 
‘‘(III) Ethanol derived from waste material, 
including crop residue, other vegetative waste 
material, animal waste, and food waste and yard 
waste. 
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121 STAT. 1520 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(IV) Biomass-based diesel. 
‘‘(V) Biogas (including landfill gas and sewage 
waste treatment gas) produced through the conver-
sion of organic matter from renewable biomass. 
‘‘(VI) Butanol or other alcohols produced 
through the conversion of organic matter from 
renewable biomass. 
‘‘(VII) Other fuel derived from cellulosic bio-
mass. 
‘‘(C) BASELINE
LIFECYCLE
GREENHOUSE
GAS
EMIS-
SIONS.—The term ‘baseline lifecycle greenhouse gas emis-
sions’ means the average lifecycle greenhouse gas emis-
sions, as determined by the Administrator, after notice 
and opportunity for comment, for gasoline or diesel (which-
ever is being replaced by the renewable fuel) sold or distrib-
uted as transportation fuel in 2005. 
‘‘(D) BIOMASS-BASED DIESEL.—The term ‘biomass-based 
diesel’ means renewable fuel that is biodiesel as defined 
in section 312(f) of the Energy Policy Act of 1992 (42 
U.S.C. 13220(f)) and that has lifecycle greenhouse gas emis-
sions, as determined by the Administrator, after notice 
and opportunity for comment, that are at least 50 percent 
less than the baseline lifecycle greenhouse gas emissions. 
Notwithstanding the preceding sentence, renewable fuel 
derived from co-processing biomass with a petroleum feed-
stock shall be advanced biofuel if it meets the requirements 
of subparagraph (B), but is not biomass-based diesel. 
‘‘(E) CELLULOSIC BIOFUEL.—The term ‘cellulosic biofuel’ 
means renewable fuel derived from any cellulose, hemi-
cellulose, or lignin that is derived from renewable biomass 
and that has lifecycle greenhouse gas emissions, as deter-
mined by the Administrator, that are at least 60 percent 
less than the baseline lifecycle greenhouse gas emissions. 
‘‘(F) CONVENTIONAL BIOFUEL.—The term ‘conventional 
biofuel’ means renewable fuel that is ethanol derived from 
corn starch. 
‘‘(G) GREENHOUSE
GAS.—The term ‘greenhouse gas’ 
means 
carbon 
dioxide, 
hydrofluorocarbons, 
methane, 
nitrous oxide, perfluorocarbons, sulfur hexafluoride. The 
Administrator may include any other anthropogenically- 
emitted gas that is determined by the Administrator, after 
notice and comment, to contribute to global warming. 
‘‘(H) LIFECYCLE
GREENHOUSE
GAS
EMISSIONS.—The 
term ‘lifecycle greenhouse gas emissions’ means the aggre-
gate quantity of greenhouse gas emissions (including direct 
emissions and significant indirect emissions such as signifi-
cant emissions from land use changes), as determined by 
the Administrator, related to the full fuel lifecycle, 
including all stages of fuel and feedstock production and 
distribution, from feedstock generation or extraction 
through the distribution and delivery and use of the fin-
ished fuel to the ultimate consumer, where the mass values 
for all greenhouse gases are adjusted to account for their 
relative global warming potential. 
‘‘(I) RENEWABLE BIOMASS.—The term ‘renewable bio-
mass’ means each of the following: 
Notice. 
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121 STAT. 1521 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) Planted crops and crop residue harvested from 
agricultural land cleared or cultivated at any time 
prior to the enactment of this sentence that is either 
actively managed or fallow, and nonforested. 
‘‘(ii) Planted trees and tree residue from actively 
managed tree plantations on non-federal land cleared 
at any time prior to enactment of this sentence, 
including land belonging to an Indian tribe or an 
Indian individual, that is held in trust by the United 
States or subject to a restriction against alienation 
imposed by the United States. 
‘‘(iii) 
Animal 
waste 
material 
and 
animal 
byproducts. 
‘‘(iv) Slash and pre-commercial thinnings that are 
from non-federal forestlands, including forestlands 
belonging to an Indian tribe or an Indian individual, 
that are held in trust by the United States or subject 
to a restriction against alienation imposed by the 
United States, but not forests or forestlands that are 
ecological communities with a global or State ranking 
of critically imperiled, imperiled, or rare pursuant to 
a State Natural Heritage Program, old growth forest, 
or late successional forest. 
‘‘(v) Biomass obtained from the immediate vicinity 
of buildings and other areas regularly occupied by 
people, or of public infrastructure, at risk from wildfire. 
‘‘(vi) Algae. 
‘‘(vii) Separated yard waste or food waste, 
including recycled cooking and trap grease. 
‘‘(J) RENEWABLE
FUEL.—The term ‘renewable fuel’ 
means fuel that is produced from renewable biomass and 
that is used to replace or reduce the quantity of fossil 
fuel present in a transportation fuel. 
‘‘(K) SMALL
REFINERY.—The term ‘small refinery’ 
means a refinery for which the average aggregate daily 
crude oil throughput for a calendar year (as determined 
by dividing the aggregate throughput for the calendar year 
by the number of days in the calendar year) does not 
exceed 75,000 barrels. 
‘‘(L) TRANSPORTATION FUEL.—The term ‘transportation 
fuel’ means fuel for use in motor vehicles, motor vehicle 
engines, nonroad vehicles, or nonroad engines (except for 
ocean-going vessels).’’. 
SEC. 202. RENEWABLE FUEL STANDARD. 
(a) RENEWABLE FUEL PROGRAM.—Paragraph (2) of section 
211(o) (42 U.S.C. 7545(o)(2)) of the Clean Air Act is amended 
as follows: 
(1) REGULATIONS.—Clause (i) of subparagraph (A) is 
amended by adding the following at the end thereof: ‘‘Not 
later than 1 year after the date of enactment of this sentence, 
the Administrator shall revise the regulations under this para-
graph to ensure that transportation fuel sold or introduced 
into commerce in the United States (except in noncontiguous 
States or territories), on an annual average basis, contains 
at least the applicable volume of renewable fuel, advanced 
biofuel, cellulosic biofuel, and biomass-based diesel, determined 
Deadline. 
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121 STAT. 1522 
PUBLIC LAW 110–140—DEC. 19, 2007 
in accordance with subparagraph (B) and, in the case of any 
such renewable fuel produced from new facilities that commence 
construction after the date of enactment of this sentence, 
achieves at least a 20 percent reduction in lifecycle greenhouse 
gas emissions compared to baseline lifecycle greenhouse gas 
emissions.’’. 
(2) APPLICABLE VOLUMES OF RENEWABLE FUEL.—Subpara-
graph (B) is amended to read as follows: 
‘‘(B) APPLICABLE VOLUMES.— 
‘‘(i) CALENDAR YEARS AFTER 2005.— 
‘‘(I) RENEWABLE
FUEL.—For the purpose of 
subparagraph (A), the applicable volume of renew-
able fuel for the calendar years 2006 through 2022 
shall be determined in accordance with the fol-
lowing table: 
Applicable 
volume of 
renewable 
fuel 
‘‘Calendar year: 
(in billions of 
gallons): 
2006 ..............................................................................
4.0 
2007 ..............................................................................
4.7 
2008 ..............................................................................
9.0 
2009 ..............................................................................
11.1 
2010 ..............................................................................
12.95 
2011 ..............................................................................
13.95 
2012 ..............................................................................
15.2 
2013 ..............................................................................
16.55 
2014 ..............................................................................
18.15 
2015 ..............................................................................
20.5 
2016 ..............................................................................
22.25 
2017 ..............................................................................
24.0 
2018 ..............................................................................
26.0 
2019 ..............................................................................
28.0 
2020 ..............................................................................
30.0 
2021 ..............................................................................
33.0 
2022 ..............................................................................
36.0 
‘‘(II) ADVANCED BIOFUEL.—For the purpose of 
subparagraph (A), of the volume of renewable fuel 
required under subclause (I), the applicable volume 
of advanced biofuel for the calendar years 2009 
through 2022 shall be determined in accordance 
with the following table: 
Applicable 
volume of 
advanced 
biofuel 
‘‘Calendar year: 
(in billions of 
gallons): 
2009 ..............................................................................
0.6 
2010 ..............................................................................
0.95 
2011 ..............................................................................
1.35 
2012 ..............................................................................
2.0 
2013 ..............................................................................
2.75 
2014 ..............................................................................
3.75 
2015 ..............................................................................
5.5 
2016 ..............................................................................
7.25 
2017 ..............................................................................
9.0 
2018 ..............................................................................
11.0 
2019 ..............................................................................
13.0 
2020 ..............................................................................
15.0 
2021 ..............................................................................
18.0 
2022 ..............................................................................
21.0 
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121 STAT. 1523 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(III) CELLULOSIC BIOFUEL.—For the purpose 
of subparagraph (A), of the volume of advanced 
biofuel 
required 
under 
subclause 
(II), 
the 
applicable volume of cellulosic biofuel for the cal-
endar years 2010 through 2022 shall be deter-
mined in accordance with the following table: 
Applicable 
volume of 
cellulosic 
biofuel 
‘‘Calendar year: 
(in billions of 
gallons): 
2010 ..............................................................................
0.1 
2011 ..............................................................................
0.25 
2012 ..............................................................................
0.5 
2013 ..............................................................................
1.0 
2014 ..............................................................................
1.75 
2015 ..............................................................................
3.0 
2016 ..............................................................................
4.25 
2017 ..............................................................................
5.5 
2018 ..............................................................................
7.0 
2019 ..............................................................................
8.5 
2020 ..............................................................................
10.5 
2021 ..............................................................................
13.5 
2022 ..............................................................................
16.0 
‘‘(IV) BIOMASS-BASED DIESEL.—For the purpose 
of subparagraph (A), of the volume of advanced 
biofuel 
required 
under 
subclause 
(II), 
the 
applicable volume of biomass-based diesel for the 
calendar years 2009 through 2012 shall be deter-
mined in accordance with the following table: 
Applicable 
volume of 
biomass- 
based diesel 
‘‘Calendar year: 
(in billions of 
gallons): 
2009 ..............................................................................
0.5 
2010 ..............................................................................
0.65 
2011 ..............................................................................
0.80 
2012 ..............................................................................
1.0 
‘‘(ii) OTHER CALENDAR YEARS.—For the purposes 
of subparagraph (A), the applicable volumes of each 
fuel specified in the tables in clause (i) for calendar 
years after the calendar years specified in the tables 
shall be determined by the Administrator, in coordina-
tion with the Secretary of Energy and the Secretary 
of Agriculture, based on a review of the implementation 
of the program during calendar years specified in the 
tables, and an analysis of— 
‘‘(I) the impact of the production and use of 
renewable fuels on the environment, including on 
air quality, climate change, conversion of wetlands, 
ecosystems, wildlife habitat, water quality, and 
water supply; 
‘‘(II) the impact of renewable fuels on the 
energy security of the United States; 
‘‘(III) the expected annual rate of future 
commercial 
production 
of 
renewable 
fuels, 
including advanced biofuels in each category (cel-
lulosic biofuel and biomass-based diesel); 
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121 STAT. 1524 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(IV) the impact of renewable fuels on the 
infrastructure of the United States, including 
deliverability of materials, goods, and products 
other than renewable fuel, and the sufficiency of 
infrastructure to deliver and use renewable fuel; 
‘‘(V) the impact of the use of renewable fuels 
on the cost to consumers of transportation fuel 
and on the cost to transport goods; and 
‘‘(VI) the impact of the use of renewable fuels 
on other factors, including job creation, the price 
and supply of agricultural commodities, rural eco-
nomic development, and food prices. 
The Administrator shall promulgate rules establishing 
the applicable volumes under this clause no later than 
14 months before the first year for which such 
applicable volume will apply. 
‘‘(iii) APPLICABLE VOLUME OF ADVANCED BIOFUEL.— 
For the purpose of making the determinations in clause 
(ii), for each calendar year, the applicable volume of 
advanced biofuel shall be at least the same percentage 
of the applicable volume of renewable fuel as in cal-
endar year 2022. 
‘‘(iv) 
APPLICABLE
VOLUME
OF
CELLULOSIC 
BIOFUEL.—For the purpose of making the determina-
tions in clause (ii), for each calendar year, the 
applicable volume of cellulosic biofuel established by 
the Administrator shall be based on the assumption 
that the Administrator will not need to issue a waiver 
for such years under paragraph (7)(D). 
‘‘(v) MINIMUM
APPLICABLE
VOLUME
OF
BIOMASS- 
BASED DIESEL.—For the purpose of making the deter-
minations in clause (ii), the applicable volume of bio-
mass-based diesel shall not be less than the applicable 
volume listed in clause (i)(IV) for calendar year 2012.’’. 
(b) APPLICABLE PERCENTAGES.—Paragraph (3) of section 211(o) 
of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows: 
(1) In subparagraph (A), by striking ‘‘2011’’ and inserting 
‘‘2021’’. 
(2) In subparagraph (A), by striking ‘‘gasoline’’ and 
inserting ‘‘transportation fuel, biomass-based diesel, and cel-
lulosic biofuel’’. 
(3) In subparagraph (B), by striking ‘‘2012’’ and inserting 
‘‘2021’’ in clause (i). 
(4) In subparagraph (B), by striking ‘‘gasoline’’ and 
inserting ‘‘transportation fuel’’ in clause (ii)(II). 
(c) MODIFICATION OF GREENHOUSE GAS PERCENTAGES.—Para-
graph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) 
is amended to read as follows: 
‘‘(4) 
MODIFICATION
OF
GREENHOUSE
GAS
REDUCTION 
PERCENTAGES.— 
‘‘(A) IN GENERAL.—The Administrator may, in the regu-
lations under the last sentence of paragraph (2)(A)(i), adjust 
the 20 percent, 50 percent, and 60 percent reductions in 
lifecycle greenhouse gas emissions specified in paragraphs 
(2)(A)(i) (relating to renewable fuel), (1)(D) (relating to bio-
mass-based diesel), (1)(B)(i) (relating to advanced biofuel), 
Regulations. 
Deadline. 
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121 STAT. 1525 
PUBLIC LAW 110–140—DEC. 19, 2007 
and (1)(E) (relating to cellulosic biofuel) to a lower percent-
age. For the 50 and 60 percent reductions, the Adminis-
trator may make such an adjustment only if he determines 
that generally such reduction is not commercially feasible 
for fuels made using a variety of feedstocks, technologies, 
and processes to meet the applicable reduction. 
‘‘(B) AMOUNT OF ADJUSTMENT.—In promulgating regu-
lations under this paragraph, the specified 50 percent 
reduction in greenhouse gas emissions from advanced 
biofuel and in biomass-based diesel may not be reduced 
below 40 percent. The specified 20 percent reduction in 
greenhouse gas emissions from renewable fuel may not 
be reduced below 10 percent, and the specified 60 percent 
reduction in greenhouse gas emissions from cellulosic 
biofuel may not be reduced below 50 percent. 
‘‘(C) ADJUSTED
REDUCTION
LEVELS.—An adjustment 
under this paragraph to a percent less than the specified 
20 percent greenhouse gas reduction for renewable fuel 
shall be the minimum possible adjustment, and the 
adjusted greenhouse gas reduction shall be established by 
the Administrator at the maximum achievable level, taking 
cost in consideration, for natural gas fired corn-based eth-
anol plants, allowing for the use of a variety of technologies 
and processes. An adjustment in the 50 or 60 percent 
greenhouse gas levels shall be the minimum possible 
adjustment for the fuel or fuels concerned, and the adjusted 
greenhouse gas reduction shall be established at the max-
imum achievable level, taking cost in consideration, 
allowing for the use of a variety of feedstocks, technologies, 
and processes. 
‘‘(D) 5-YEAR
REVIEW.—Whenever the Administrator 
makes any adjustment under this paragraph, not later 
than 5 years thereafter he shall review and revise (based 
upon the same criteria and standards as required for the 
initial 
adjustment) 
the 
regulations 
establishing 
the 
adjusted level. 
‘‘(E) SUBSEQUENT ADJUSTMENTS.—After the Adminis-
trator has promulgated a final rule under the last sentence 
of paragraph (2)(A)(i) with respect to the method of deter-
mining lifecycle greenhouse gas emissions, except as pro-
vided in subparagraph (D), the Administrator may not 
adjust the percent greenhouse gas reduction levels unless 
he determines that there has been a significant change 
in the analytical methodology used for determining the 
lifecycle greenhouse gas emissions. If he makes such deter-
mination, he may adjust the 20, 50, or 60 percent reduction 
levels through rulemaking using the criteria and standards 
set forth in this paragraph. 
‘‘(F) LIMIT
ON
UPWARD
ADJUSTMENTS.—If, under 
subparagraph (D) or (E), the Administrator revises a per-
cent level adjusted as provided in subparagraphs (A), (B), 
and (C) to a higher percent, such higher percent may 
not exceed the applicable percent specified in paragraph 
(2)(A)(i), (1)(D), (1)(B)(i), or (1)(E). 
‘‘(G) APPLICABILITY OF ADJUSTMENTS.—If the Adminis-
trator adjusts, or revises, a percent level referred to in 
Deadline. 
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121 STAT. 1526 
PUBLIC LAW 110–140—DEC. 19, 2007 
this paragraph or makes a change in the analytical method-
ology used for determining the lifecycle greenhouse gas 
emissions, such adjustment, revision, or change (or any 
combination thereof) shall only apply to renewable fuel 
from new facilities that commence construction after the 
effective date of such adjustment, revision, or change.’’. 
(d) CREDITS
FOR ADDITIONAL RENEWABLE FUEL.—Paragraph 
(5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) 
is amended by adding the following new subparagraph at the end 
thereof: 
‘‘(E) CREDITS FOR ADDITIONAL RENEWABLE FUEL.—The 
Administrator may issue regulations providing: (i) for the 
generation of an appropriate amount of credits by any 
person that refines, blends, or imports additional renewable 
fuels specified by the Administrator; and (ii) for the use 
of such credits by the generator, or the transfer of all 
or a portion of the credits to another person, for the purpose 
of complying with paragraph (2).’’. 
(e) WAIVERS.— 
(1) IN GENERAL.—Paragraph (7)(A) of section 211(o) of the 
Clean Air Act (42 U.S.C. 7545(o)(7)(A)) is amended by inserting 
‘‘, by any person subject to the requirements of this subsection, 
or by the Administrator on his own motion’’ after ‘‘one or 
more States’’ in subparagraph (A) and by striking out ‘‘State’’ 
in subparagraph (B). 
(2) CELLULOSIC BIOFUEL.—Paragraph (7) of section 211(o) 
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by 
adding the following at the end thereof: 
‘‘(D) CELLULOSIC BIOFUEL.—(i) For any calendar year 
for which the projected volume of cellulosic biofuel produc-
tion is less than the minimum applicable volume estab-
lished under paragraph (2)(B), as determined by the 
Administrator based on the estimate provided under para-
graph (3)(A), not later than November 30 of the preceding 
calendar 
year, 
the 
Administrator 
shall 
reduce 
the 
applicable volume of cellulosic biofuel required under para-
graph (2)(B) to the projected volume available during that 
calendar year. For any calendar year in which the Adminis-
trator makes such a reduction, the Administrator may also 
reduce the applicable volume of renewable fuel and 
advanced biofuels requirement established under para-
graph (2)(B) by the same or a lesser volume. 
‘‘(ii) Whenever the Administrator reduces the minimum 
cellulosic biofuel volume under this subparagraph, the 
Administrator shall make available for sale cellulosic 
biofuel credits at the higher of $0.25 per gallon or the 
amount by which $3.00 per gallon exceeds the average 
wholesale price of a gallon of gasoline in the United States. 
Such amounts shall be adjusted for inflation by the 
Administrator for years after 2008. 
‘‘(iii) Eighteen months after the date of enactment of 
this subparagraph, the Administrator shall promulgate 
regulations to govern the issuance of credits under this 
subparagraph. The regulations shall set forth the method 
for determining the exact price of credits in the event 
of a waiver. The price of such credits shall not be changed 
more frequently than once each quarter. These regulations 
Deadline. 
Regulations. 
Deadline. 
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121 STAT. 1527 
PUBLIC LAW 110–140—DEC. 19, 2007 
shall include such provisions, including limiting the credits’ 
uses and useful life, as the Administrator deems appro-
priate to assist market liquidity and transparency, to pro-
vide appropriate certainty for regulated entities and renew-
able fuel producers, and to limit any potential misuse of 
cellulosic biofuel credits to reduce the use of other renew-
able fuels, and for such other purposes as the Administrator 
determines will help achieve the goals of this subsection. 
The regulations shall limit the number of cellulosic biofuel 
credits for any calendar year to the minimum applicable 
volume (as reduced under this subparagraph) of cellulosic 
biofuel for that year.’’. 
(3) BIOMASS-BASED DIESEL.—Paragraph (7) of section 211(o) 
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by 
adding the following at the end thereof: 
‘‘(E) BIOMASS-BASED DIESEL.— 
‘‘(i) MARKET EVALUATION.—The Administrator, in 
consultation with the Secretary of Energy and the Sec-
retary of Agriculture, shall periodically evaluate the 
impact of the biomass-based diesel requirements estab-
lished under this paragraph on the price of diesel 
fuel. 
‘‘(ii) WAIVER.—If the Administrator determines 
that there is a significant renewable feedstock disrup-
tion or other market circumstances that would make 
the price of biomass-based diesel fuel increase signifi-
cantly, the Administrator, in consultation with the Sec-
retary of Energy and the Secretary of Agriculture, shall 
issue an order to reduce, for up to a 60-day period, 
the quantity of biomass-based diesel required under 
subparagraph (A) by an appropriate quantity that does 
not exceed 15 percent of the applicable annual require-
ment for biomass-based diesel. For any calendar year 
in which the Administrator makes a reduction under 
this subparagraph, the Administrator may also reduce 
the applicable volume of renewable fuel and advanced 
biofuels requirement established under paragraph 
(2)(B) by the same or a lesser volume. 
‘‘(iii) EXTENSIONS.—If the Administrator deter-
mines that the feedstock disruption or circumstances 
described in clause (ii) is continuing beyond the 60- 
day period described in clause (ii) or this clause, the 
Administrator, in consultation with the Secretary of 
Energy and the Secretary of Agriculture, may issue 
an order to reduce, for up to an additional 60-day 
period, the quantity of biomass-based diesel required 
under subparagraph (A) by an appropriate quantity 
that does not exceed an additional 15 percent of the 
applicable annual requirement for biomass-based 
diesel. 
‘‘(F) MODIFICATION OF APPLICABLE VOLUMES.—For any 
of the tables in paragraph (2)(B), if the Administrator 
waives— 
‘‘(i) at least 20 percent of the applicable volume 
requirement set forth in any such table for 2 consecu-
tive years; or 
Regulations. 
Deadline. 
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121 STAT. 1528 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) at least 50 percent of such volume requirement 
for a single year, 
the Administrator shall promulgate a rule (within 1 year 
after issuing such waiver) that modifies the applicable vol-
umes set forth in the table concerned for all years following 
the final year to which the waiver applies, except that 
no such modification in applicable volumes shall be made 
for any year before 2016. In promulgating such a rule, 
the Administrator shall comply with the processes, criteria, 
and standards set forth in paragraph (2)(B)(ii).’’. 
SEC. 203. STUDY OF IMPACT OF RENEWABLE FUEL STANDARD. 
(a) IN GENERAL.—The Secretary of Energy, in consultation with 
the Secretary of Agriculture and the Administrator of the Environ-
mental Protection Agency, shall enter into an arrangement with 
the National Academy of Sciences under which the Academy shall 
conduct a study to assess the impact of the requirements described 
in section 211(o) of the Clean Air Act on each industry relating 
to the production of feed grains, livestock, food, forest products, 
and energy. 
(b) PARTICIPATION.—In conducting the study under this section, 
the National Academy of Sciences shall seek the participation, 
and consider the input, of— 
(1) producers of feed grains; 
(2) producers of livestock, poultry, and pork products; 
(3) producers of food and food products; 
(4) producers of energy; 
(5) individuals and entities interested in issues relating 
to conservation, the environment, and nutrition; 
(6) users and consumers of renewable fuels; 
(7) producers and users of biomass feedstocks; and 
(8) land grant universities. 
(c) CONSIDERATIONS.—In conducting the study, the National 
Academy of Sciences shall consider— 
(1) the likely impact on domestic animal agriculture feed-
stocks that, in any crop year, are significantly below current 
projections; 
(2) policy options to alleviate the impact on domestic animal 
agriculture feedstocks that are significantly below current 
projections; and 
(3) policy options to maintain regional agricultural and 
silvicultural capability. 
(d) COMPONENTS.—The study shall include— 
(1) a description of the conditions under which the require-
ments described in section 211(o) of the Clean Air Act should 
be suspended or reduced to prevent adverse impacts to domestic 
animal agriculture feedstocks described in subsection (c)(2) or 
regional agricultural and silvicultural capability described in 
subsection (c)(3); and 
(2) recommendations for the means by which the Federal 
Government could prevent or minimize adverse economic hard-
ships and impacts. 
(e) DEADLINE FOR COMPLETION OF STUDY.—Not later than 18 
months after the date of enactment of this Act, the Secretary 
shall submit to Congress a report that describes the results of 
the study under this section. 
Reports. 
Contracts. 
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121 STAT. 1529 
PUBLIC LAW 110–140—DEC. 19, 2007 
(f) PERIODIC REVIEWS.—Section 211(o) of the Clean Air Act 
is amended by adding the following at the end thereof: 
‘‘(11) PERIODIC
REVIEWS.—To allow for the appropriate 
adjustment of the requirements described in subparagraph (B) 
of paragraph (2), the Administrator shall conduct periodic 
reviews of— 
‘‘(A) existing technologies; 
‘‘(B) the feasibility of achieving compliance with the 
requirements; and 
‘‘(C) the impacts of the requirements described in sub-
section (a)(2) on each individual and entity described in 
paragraph (2).’’. 
SEC. 204. ENVIRONMENTAL AND RESOURCE CONSERVATION IMPACTS. 
(a) IN GENERAL.—Not later than 3 years after the enactment 
of this section and every 3 years thereafter, the Administrator 
of the Environmental Protection Agency, in consultation with the 
Secretary of Agriculture and the Secretary of Energy, shall assess 
and report to Congress on the impacts to date and likely future 
impacts of the requirements of section 211(o) of the Clean Air 
Act on the following: 
(1) Environmental issues, including air quality, effects on 
hypoxia, pesticides, sediment, nutrient and pathogen levels in 
waters, acreage and function of waters, and soil environmental 
quality. 
(2) Resource conservation issues, including soil conserva-
tion, water availability, and ecosystem health and biodiversity, 
including impacts on forests, grasslands, and wetlands. 
(3) The growth and use of cultivated invasive or noxious 
plants and their impacts on the environment and agriculture. 
In advance of preparing the report required by this subsection, 
the Administrator may seek the views of the National Academy 
of Sciences or another appropriate independent research institute. 
The report shall include the annual volume of imported renewable 
fuels and feedstocks for renewable fuels, and the environmental 
impacts outside the United States of producing such fuels and 
feedstocks. The report required by this subsection shall include 
recommendations for actions to address any adverse impacts found. 
(b) EFFECT
ON AIR QUALITY
AND OTHER ENVIRONMENTAL 
REQUIREMENTS.—Except as provided in section 211(o)(12) of the 
Clean Air Act, nothing in the amendments made by this title 
to section 211(o) of the Clean Air Act shall be construed as super-
seding, or limiting, any more environmentally protective require-
ment under the Clean Air Act, or under any other provision of 
State or Federal law or regulation, including any environmental 
law or regulation. 
SEC. 205. BIOMASS-BASED DIESEL AND BIODIESEL LABELING. 
(a) IN GENERAL.—Each retail diesel fuel pump shall be labeled 
in a manner that informs consumers of the percent of biomass- 
based diesel or biodiesel that is contained in the biomass-based 
diesel blend or biodiesel blend that is offered for sale, as determined 
by the Federal Trade Commission. 
(b) LABELING REQUIREMENTS.—Not later than 180 days after 
the date of enactment of this section, the Federal Trade Commission 
shall promulgate biodiesel labeling requirements as follows: 
(1) Biomass-based diesel blends or biodiesel blends that 
contain less than or equal to 5 percent biomass-based diesel 
Deadline. 
42 USC 17021. 
Deadlines. 
Reports. 
42 USC 7545 
note. 
42 USC 7545. 
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121 STAT. 1530 
PUBLIC LAW 110–140—DEC. 19, 2007 
or biodiesel by volume and that meet ASTM D975 diesel speci-
fications shall not require any additional labels. 
(2) Biomass-based diesel blends or biodiesel blends that 
contain more than 5 percent biomass-based diesel or biodiesel 
by volume but not more than 20 percent by volume shall 
be labeled ‘‘contains biomass-based diesel or biodiesel in quan-
tities between 5 percent and 20 percent’’. 
(3) Biomass-based diesel or biodiesel blends that contain 
more than 20 percent biomass based or biodiesel by volume 
shall be labeled ‘‘contains more than 20 percent biomass-based 
diesel or biodiesel’’. 
(c) DEFINITIONS.—In this section: 
(1) ASTM.—The term ‘‘ASTM’’ means the American Society 
of Testing and Materials. 
(2) BIOMASS-BASED
DIESEL.—The term ‘‘biomass-based 
diesel’’ means biodiesel as defined in section 312(f) of the Energy 
Policy Act of 1992 (42 U.S.C. 13220(f)). 
(3) BIODIESEL.—The term ‘‘biodiesel’’ means the monoalkyl 
esters of long chain fatty acids derived from plant or animal 
matter that meet— 
(A) the registration requirements for fuels and fuel 
additives under this section; and 
(B) the requirements of ASTM standard D6751. 
(4) BIOMASS-BASED
DIESEL
AND
BIODIESEL
BLENDS.—The 
terms ‘‘biomass-based diesel blend’’ and ‘‘biodiesel blend’’ means 
a blend of ‘‘biomass-based diesel’’ or ‘‘biodiesel’’ fuel that is 
blended with petroleum-based diesel fuel. 
SEC. 206. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY 
IN ELECTRIC VEHICLES. 
(a) DEFINITION
OF ELECTRIC VEHICLE.—In this section, the 
term ‘‘electric vehicle’’ means an electric motor vehicle (as defined 
in section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271)) 
for which the rechargeable storage battery— 
(1) receives a charge directly from a source of electric 
current that is external to the vehicle; and 
(2) provides a minimum of 80 percent of the motive power 
of the vehicle. 
(b) STUDY.—The Administrator of the Environmental Protection 
Agency shall conduct a study on the feasibility of issuing credits 
under the program established under section 211(o) of the Clean 
Air Act to electric vehicles powered by electricity produced from 
renewable energy sources. 
(c) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Administrator shall submit to the Committee 
on Energy and Natural Resources of the United States Senate 
and the Committee on Energy and Commerce of the United States 
House of Representatives a report that describes the results of 
the study, including a description of— 
(1) existing programs and studies on the use of renewable 
electricity as a means of powering electric vehicles; and 
(2) alternatives for— 
(A) designing a pilot program to determine the feasi-
bility of using renewable electricity to power electric 
vehicles as an adjunct to a renewable fuels mandate; 
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121 STAT. 1531 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) allowing the use, under the pilot program designed 
under subparagraph (A), of electricity generated from 
nuclear energy as an additional source of supply; 
(C) identifying the source of electricity used to power 
electric vehicles; and 
(D) equating specific quantities of electricity to quan-
tities of renewable fuel under section 211(o) of the Clean 
Air Act. 
SEC. 207. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS. 
(a) IN GENERAL.—The Secretary of Energy shall establish a 
grant program to encourage the production of advanced biofuels. 
(b) REQUIREMENTS
AND PRIORITY.—In making grants under 
this section, the Secretary— 
(1) shall make awards to the proposals for advanced 
biofuels with the greatest reduction in lifecycle greenhouse 
gas emissions compared to the comparable motor vehicle fuel 
lifecycle emissions during calendar year 2005; and 
(2) shall not make an award to a project that does not 
achieve at least an 80 percent reduction in such lifecycle green-
house gas emissions. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $500,000,000 for the 
period of fiscal years 2008 through 2015. 
SEC. 208. INTEGRATED CONSIDERATION OF WATER QUALITY IN 
DETERMINATIONS ON FUELS AND FUEL ADDITIVES. 
Section 211(c)(1) of the Clean Air Act (42 U.S.C. 7545(c)(1)) 
is amended as follows: 
(1) By striking ‘‘nonroad vehicle (A) if in the judgment 
of the Administrator’’ and inserting ‘‘nonroad vehicle if, in 
the judgment of the Administrator, any fuel or fuel additive 
or’’; and 
(2) In subparagraph (A), by striking ‘‘air pollution which’’ 
and inserting ‘‘air pollution or water pollution (including any 
degradation in the quality of groundwater) that’’. 
SEC. 209. ANTI-BACKSLIDING. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended 
by adding at the end the following: 
‘‘(v) PREVENTION OF AIR QUALITY DETERIORATION.— 
‘‘(1) STUDY.— 
‘‘(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of this subsection, the Administrator 
shall complete a study to determine whether the renewable 
fuel volumes required by this section will adversely impact 
air quality as a result of changes in vehicle and engine 
emissions of air pollutants regulated under this Act. 
‘‘(B) CONSIDERATIONS.—The study shall include consid-
eration of— 
‘‘(i) different blend levels, types of renewable fuels, 
and available vehicle technologies; and 
‘‘(ii) appropriate national, regional, and local air 
quality control measures. 
‘‘(2) REGULATIONS.—Not later than 3 years after the date 
of enactment of this subsection, the Administrator shall— 
Deadline. 
42 USC 17022. 
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121 STAT. 1532 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) promulgate fuel regulations to implement appro-
priate measures to mitigate, to the greatest extent achiev-
able, considering the results of the study under paragraph 
(1), any adverse impacts on air quality, as the result of 
the renewable volumes required by this section; or 
‘‘(B) make a determination that no such measures are 
necessary.’’. 
SEC. 210. EFFECTIVE DATE, SAVINGS PROVISION, AND TRANSITION 
RULES. 
(a) TRANSITION RULES.—(1) For calendar year 2008, transpor-
tation fuel sold or introduced into commerce in the United States 
(except in noncontiguous States or territories), that is produced 
from facilities that commence construction after the date of enact-
ment of this Act shall be treated as renewable fuel within the 
meaning of section 211(o) of the Clean Air Act only if it achieves 
at least a 20 percent reduction in lifecycle greenhouse gas emissions 
compared to baseline lifecycle greenhouse gas emissions. For cal-
endar years 2008 and 2009, any ethanol plant that is fired with 
natural gas, biomass, or any combination thereof is deemed to 
be in compliance with such 20 percent reduction requirement and 
with the 20 percent reduction requirement of section 211(o)(1) of 
the Clean Air Act. The terms used in this subsection shall have 
the same meaning as provided in the amendment made by this 
Act to section 211(o) of the Clean Air Act. 
(2) Until January 1, 2009, the Administrator of the Environ-
mental Protection Agency shall implement section 211(o) of the 
Clean Air Act and the rules promulgated under that section in 
accordance with the provisions of that section as in effect before 
the enactment of this Act and in accordance with the rules promul-
gated before the enactment of this Act, except that for calendar 
year 2008, the number ‘‘9.0’’ shall be substituted for the number 
‘‘5.4’’ in the table in section 211(o)(2)(B) and in the corresponding 
rules promulgated to carry out those provisions. The Administrator 
is authorized to take such other actions as may be necessary to 
carry out this paragraph notwithstanding any other provision of 
law. 
(b) SAVINGS CLAUSE.—Section 211(o) of the Clean Air Act (42 
U.S.C. 7545(o)) is amended by adding the following new paragraph 
at the end thereof: 
‘‘(12) EFFECT ON OTHER PROVISIONS.—Nothing in this sub-
section, or regulations issued pursuant to this subsection, shall 
affect or be construed to affect the regulatory status of carbon 
dioxide or any other greenhouse gas, or to expand or limit 
regulatory authority regarding carbon dioxide or any other 
greenhouse gas, for purposes of other provisions (including sec-
tion 165) of this Act. The previous sentence shall not affect 
implementation and enforcement of this subsection.’’. 
(c) EFFECTIVE DATE.—The amendments made by this title to 
section 211(o) of the Clean Air Act shall take effect January 1, 
2009, except that the Administrator shall promulgate regulations 
to carry out such amendments not later than 1 year after the 
enactment of this Act. 
Regulations. 
Deadline. 
42 USC 7545 
note. 
Termination 
date. 
42 USC 7545 
note. 
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121 STAT. 1533 
PUBLIC LAW 110–140—DEC. 19, 2007 
Subtitle B—Biofuels Research and 
Development 
SEC. 221. BIODIESEL. 
(a) BIODIESEL STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall submit 
to Congress a report on any research and development challenges 
inherent in increasing the proportion of diesel fuel sold in the 
United States that is biodiesel. 
(b) MATERIAL FOR THE ESTABLISHMENT OF STANDARDS.—The 
Director of the National Institute of Standards and Technology, 
in consultation with the Secretary, shall make publicly available 
the physical property data and characterization of biodiesel and 
other biofuels as appropriate. 
SEC. 222. BIOGAS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, shall submit to Congress a report 
on any research and development challenges inherent in increasing 
the amount of transportation fuels sold in the United States that 
are fuel with biogas or a blend of biogas and natural gas. 
SEC. 223. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND 
DEVELOPMENT IN CERTAIN STATES. 
(a) IN GENERAL.—The Secretary shall provide grants to eligible 
entities for research, development, demonstration, and commercial 
application of biofuel production technologies in States with low 
rates of ethanol production, including low rates of production of 
cellulosic biomass ethanol, as determined by the Secretary. 
(b) ELIGIBILITY.—To be eligible to receive a grant under this 
section, an entity shall— 
(1)(A) be an institution of higher education (as defined 
in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), 
including tribally controlled colleges or universities, located 
in a State described in subsection (a); or 
(B) be a consortium including at least 1 such institution 
of higher education and industry, State agencies, Indian tribal 
agencies, National Laboratories, or local government agencies 
located in the State; and 
(2) have proven experience and capabilities with relevant 
technologies. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to carry out this section 
$25,000,000 for each of fiscal years 2008 through 2010. 
SEC. 224. BIOREFINERY ENERGY EFFICIENCY. 
Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) 
is amended by adding at the end the following new subsections: 
‘‘(g) BIOREFINERY ENERGY EFFICIENCY.—The Secretary shall 
establish a program of research, development, demonstration, and 
commercial application for increasing energy efficiency and reducing 
energy consumption in the operation of biorefinery facilities. 
‘‘(h) RETROFIT TECHNOLOGIES FOR THE DEVELOPMENT OF ETH-
ANOL FROM CELLULOSIC MATERIALS.—The Secretary shall establish 
42 USC 17032. 
Deadline. 
Reports. 
Public 
information. 
Reports. 
42 USC 17031. 
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121 STAT. 1534 
PUBLIC LAW 110–140—DEC. 19, 2007 
a program of research, development, demonstration, and commercial 
application on technologies and processes to enable biorefineries 
that exclusively use corn grain or corn starch as a feedstock to 
produce ethanol to be retrofitted to accept a range of biomass, 
including lignocellulosic feedstocks.’’. 
SEC. 225. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES 
TO USE E–85 FUEL. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of Transportation and the Administrator of the Environ-
mental Protection Agency, shall conduct a study of whether opti-
mizing flexible fueled vehicles to operate using E–85 fuel would 
increase the fuel efficiency of flexible fueled vehicles. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Science and Technology and the Committee on Energy and 
Commerce of the House of Representatives, and to the Committee 
on Energy and Natural Resources, the Committee on Environment 
and Public Works, and the Committee on Commerce, Science, and 
Transportation of the Senate, a report that describes the results 
of the study under this section, including any recommendations 
of the Secretary. 
SEC. 226. STUDY OF ENGINE DURABILITY AND PERFORMANCE ASSOCI-
ATED WITH THE USE OF BIODIESEL. 
(a) IN GENERAL.—Not later than 30 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall ini-
tiate a study on the effects of the use of biodiesel on the performance 
and durability of engines and engine systems. 
(b) COMPONENTS.—The study under this section shall include— 
(1) an assessment of whether the use of biodiesel lessens 
the durability and performance of conventional diesel engines 
and engine systems; and 
(2) an assessment of the effects referred to in subsection 
(a) with respect to biodiesel blends at varying concentrations, 
including the following percentage concentrations of biodiesel: 
(A) 5 percent biodiesel. 
(B) 10 percent biodiesel. 
(C) 20 percent biodiesel. 
(D) 30 percent biodiesel. 
(E) 100 percent biodiesel. 
(c) REPORT.—Not later than 24 months after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Science and Technology and the Committee on Energy and 
Commerce of the House of Representatives, and to the Committee 
on Energy and Natural Resources and the Committee on Environ-
ment and Public Works of the Senate, a report that describes 
the results of the study under this section, including any rec-
ommendations of the Secretary. 
SEC. 227. STUDY OF OPTIMIZATION OF BIOGAS USED IN NATURAL 
GAS VEHICLES. 
(a) IN GENERAL.—The Secretary, in consultation with the 
Administrator of the Environmental Protection Agency and the 
Secretary of Transportation, shall conduct a study of methods of 
increasing the fuel efficiency of vehicles using biogas by optimizing 
natural gas vehicle systems that can operate on biogas, including 
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121 STAT. 1535 
PUBLIC LAW 110–140—DEC. 19, 2007 
the advancement of vehicle fuel systems and the combination of 
hybrid-electric and plug-in hybrid electric drive platforms with nat-
ural gas vehicle systems using biogas. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Energy and Natural Resources, the Committee on Environment 
and Public Works, and the Committee on Commerce, Science, and 
Transportation of the Senate, and to the Committee on Science 
and Technology and the Committee on Energy and Commerce of 
the House of Representatives, a report that describes the results 
of the study, including any recommendations of the Secretary. 
SEC. 228. ALGAL BIOMASS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall submit to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate, 
a report on the progress of the research and development that 
is being conducted on the use of algae as a feedstock for the 
production of biofuels. 
(b) CONTENTS.—The report shall identify continuing research 
and development challenges and any regulatory or other barriers 
found by the Secretary that hinder the use of this resource, as 
well as recommendations on how to encourage and further its 
development as a viable transportation fuel. 
SEC. 229. BIOFUELS AND BIOREFINERY INFORMATION CENTER. 
(a) IN GENERAL.—The Secretary, in cooperation with the Sec-
retary of Agriculture, shall establish a biofuels and biorefinery 
information center to make available to interested parties informa-
tion on— 
(1) renewable fuel feedstocks, including the varieties of 
fuel capable of being produced from various feedstocks; 
(2) biorefinery processing techniques related to various 
renewable fuel feedstocks; 
(3) the distribution, blending, storage, and retail dispensing 
infrastructure necessary for the transport and use of renewable 
fuels; 
(4) Federal and State laws and incentives related to renew-
able fuel production and use; 
(5) renewable fuel research and development advance-
ments; 
(6) renewable fuel development and biorefinery processes 
and technologies; 
(7) renewable fuel resources, including information on pro-
grams and incentives for renewable fuels; 
(8) renewable fuel producers; 
(9) renewable fuel users; and 
(10) potential renewable fuel users. 
(b) ADMINISTRATION.—In administering the biofuels and bio-
refinery information center, the Secretary shall— 
(1) continually update information provided by the center; 
(2) make information available relating to processes and 
technologies for renewable fuel production; 
(3) make information available to interested parties on 
the process for establishing a biorefinery; and 
(4) make information and assistance provided by the center 
available through a toll-free telephone number and website. 
Establishment. 
42 USC 17033. 
Deadline. 
Reports. 
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121 STAT. 1536 
PUBLIC LAW 110–140—DEC. 19, 2007 
(c) COORDINATION
AND NONDUPLICATION.—To the maximum 
extent practicable, the Secretary shall ensure that the activities 
under this section are coordinated with, and do not duplicate the 
efforts of, centers at other government agencies. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 230. CELLULOSIC ETHANOL AND BIOFUELS RESEARCH. 
(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 
‘‘eligible entity’’ means— 
(1) an 1890 Institution (as defined in section 2 of the 
Agricultural Research, Extension, and Education Reform Act 
of 1998 (7 U.S.C. 7061)); 
(2) a part B institution (as defined in section 322 of the 
Higher Education Act of 1965 (20 U.S.C. 1061)) (commonly 
referred to as ‘‘Historically Black Colleges and Universities’’); 
(3) a tribal college or university (as defined in section 
316(b) of the Higher Education Act of 1965 (20 U.S.C. 
1059c(b))); or 
(4) a Hispanic-serving institution (as defined in section 
502(a) of the Higher Education Act of 1965 (20 U.S.C. 
1101a(a))). 
(b) GRANTS.—The Secretary shall make cellulosic ethanol and 
biofuels research and development grants to 10 eligible entities 
selected by the Secretary to receive a grant under this section 
through a peer-reviewed competitive process. 
(c) COLLABORATION.—An eligible entity that is selected to 
receive a grant under subsection (b) shall collaborate with 1 of 
the Bioenergy Research Centers of the Office of Science of the 
Department. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to make grants described in 
subsection (b) $50,000,000 for fiscal year 2008, to remain available 
until expended. 
SEC. 231. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZA-
TION OF APPROPRIATION. 
Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) 
is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and’’ at the end; 
(B) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) $963,000,000 for fiscal year 2010.’’; and 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘$251,000,000’’ and inserting 
‘‘$377,000,000’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) in paragraph (3)— 
(i) by striking ‘‘$274,000,000’’ and inserting 
‘‘$398,000,000’’; and 
(ii) by striking the period at the end and inserting 
‘‘; and’’; and 
(C) by adding at the end the following: 
42 USC 17034. 
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121 STAT. 1537 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(4) 
$419,000,000 
for 
fiscal 
year 
2010, 
of 
which 
$150,000,000 shall be for section 932(d).’’. 
SEC. 232. ENVIRONMENTAL RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—Section 977 of the Energy Policy Act of 2005 
(42 U.S.C. 16317) is amended— 
(1) in subsection (a)(1), by striking ‘‘and computational 
biology’’ and inserting ‘‘computational biology, and environ-
mental science’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘in sustainable 
production systems that reduce greenhouse gas emissions’’ 
after ‘‘hydrogen’’; 
(B) in paragraph (3), by striking ‘‘and’’ at the end; 
(C) by redesignating paragraph (4) as paragraph (5); 
and 
(D) by inserting after paragraph (3) the following: 
‘‘(4) develop cellulosic and other feedstocks that are less 
resource and land intensive and that promote sustainable use 
of resources, including soil, water, energy, forests, and land, 
and ensure protection of air, water, and soil quality; and’’. 
(b) TOOLS AND EVALUATION.—Section 307(d) of the Biomass 
Research and Development Act of 2000 (7 U.S.C. 8606(d)) is 
amended— 
(1) in paragraph (3)(E), by striking ‘‘and’’ at the end; 
(2) in paragraph (4), by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) the improvement and development of analytical tools 
to facilitate the analysis of life-cycle energy and greenhouse 
gas emissions, including emissions related to direct and indirect 
land use changes, attributable to all potential biofuel feedstocks 
and production processes; and 
‘‘(6) the systematic evaluation of the impact of expanded 
biofuel production on the environment, including forest lands, 
and on the food supply for humans and animals.’’. 
(c) SMALL-SCALE PRODUCTION AND USE OF BIOFUELS.—Section 
307(e) of the Biomass Research and Development Act of 2000 (7 
U.S.C. 8606(e)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) to facilitate small-scale production, local, and on-farm 
use of biofuels, including the development of small-scale gasifi-
cation technologies for production of biofuel from cellulosic feed-
stocks.’’. 
SEC. 233. BIOENERGY RESEARCH CENTERS. 
Section 977 of the Energy Policy Act of 2005 (42 U.S.C. 16317) 
is amended by adding at the end the following: 
‘‘(f) BIOENERGY RESEARCH CENTERS.— 
‘‘(1) ESTABLISHMENT OF CENTERS.—In carrying out the pro-
gram under subsection (a), the Secretary shall establish at 
least 7 bioenergy research centers, which may be of varying 
size. 
‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall estab-
lish at least 1 bioenergy research center in each Petroleum 
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121 STAT. 1538 
PUBLIC LAW 110–140—DEC. 19, 2007 
Administration for Defense District or Subdistrict of a Petro-
leum Administration for Defense District. 
‘‘(3) GOALS.—The goals of the centers established under 
this subsection shall be to accelerate basic transformational 
research and development of biofuels, including biological proc-
esses. 
‘‘(4) SELECTION AND DURATION.— 
‘‘(A) IN GENERAL.—A center under this subsection shall 
be selected on a competitive basis for a period of 5 years. 
‘‘(B) REAPPLICATION.—After the end of the period 
described in subparagraph (A), a grantee may reapply for 
selection on a competitive basis. 
‘‘(5) INCLUSION.—A center that is in existence on the date 
of enactment of this subsection— 
‘‘(A) shall be counted towards the requirement for 
establishment of at least 7 bioenergy research centers; 
and 
‘‘(B) may continue to receive support for a period of 
5 years beginning on the date of establishment of the 
center.’’. 
SEC. 234. UNIVERSITY BASED RESEARCH AND DEVELOPMENT GRANT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a competi-
tive grant program, in a geographically diverse manner, for projects 
submitted for consideration by institutions of higher education to 
conduct research and development of renewable energy technologies. 
Each grant made shall not exceed $2,000,000. 
(b) ELIGIBILITY.—Priority shall be given to institutions of higher 
education with— 
(1) established programs of research in renewable energy; 
(2) locations that are low income or outside of an urbanized 
area; 
(3) a joint venture with an Indian tribe; and 
(4) proximity to trees dying of disease or insect infestation 
as a source of woody biomass. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary $25,000,000 for carrying out 
this section. 
(d) DEFINITIONS.—In this section: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
as defined in section 126(c) of the Energy Policy Act of 2005. 
(2) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ has 
the meaning as defined in section 902 of the Energy Policy 
Act of 2005. 
(3) URBANIZED AREA.—The term ‘‘urbanized area’’ has the 
meaning as defined by the U.S. Bureau of the Census. 
Subtitle C—Biofuels Infrastructure 
SEC. 241. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS 
RELATED TO RENEWABLE FUEL INFRASTRUCTURE. 
(a) IN GENERAL.—Title I of the Petroleum Marketing Practices 
Act (15 U.S.C. 2801 et seq.) is amended by adding at the end 
the following: 
42 USC 17035. 
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121 STAT. 1539 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF 
RENEWABLE FUEL PUMPS. 
‘‘(a) DEFINITION.—In this section: 
‘‘(1) RENEWABLE FUEL.—The term ‘renewable fuel’ means 
any fuel— 
‘‘(A) at least 85 percent of the volume of which consists 
of ethanol; or 
‘‘(B) any mixture of biodiesel and diesel or renewable 
diesel (as defined in regulations adopted pursuant to sec-
tion 211(o) of the Clean Air Act (40 CFR, part 80)), deter-
mined without regard to any use of kerosene and containing 
at least 20 percent biodiesel or renewable diesel. 
‘‘(2) FRANCHISE-RELATED DOCUMENT.—The term ‘franchise- 
related document’ means— 
‘‘(A) a franchise under this Act; and 
‘‘(B) any other contract or directive of a franchisor 
relating to terms or conditions of the sale of fuel by a 
franchisee. 
‘‘(b) PROHIBITIONS.— 
‘‘(1) IN GENERAL.—No franchise-related document entered 
into or renewed on or after the date of enactment of this 
section shall contain any provision allowing a franchisor to 
restrict the franchisee or any affiliate of the franchisee from— 
‘‘(A) installing on the marketing premises of the 
franchisee a renewable fuel pump or tank, except that 
the franchisee’s franchisor may restrict the installation 
of a tank on leased marketing premises of such franchisor; 
‘‘(B) converting an existing tank or pump on the mar-
keting premises of the franchisee for renewable fuel use, 
so long as such tank or pump and the piping connecting 
them are either warranted by the manufacturer or certified 
by a recognized standards setting organization to be suit-
able for use with such renewable fuel; 
‘‘(C) advertising (including through the use of signage) 
the sale of any renewable fuel; 
‘‘(D) selling renewable fuel in any specified area on 
the marketing premises of the franchisee (including any 
area in which a name or logo of a franchisor or any other 
entity appears); 
‘‘(E) purchasing renewable fuel from sources other than 
the franchisor if the franchisor does not offer its own renew-
able fuel for sale by the franchisee; 
‘‘(F) listing renewable fuel availability or prices, 
including on service station signs, fuel dispensers, or light 
poles; or 
‘‘(G) allowing for payment of renewable fuel with a 
credit card, 
so long as such activities described in subparagraphs (A) 
through (G) do not constitute mislabeling, misbranding, willful 
adulteration, or other trademark violations by the franchisee. 
‘‘(2) EFFECT OF PROVISION.—Nothing in this section shall 
be construed to preclude a franchisor from requiring the 
franchisee to obtain reasonable indemnification and insurance 
policies. 
‘‘(c) EXCEPTION
TO
3-GRADE
REQUIREMENT.—No franchise- 
related document that requires that 3 grades of gasoline be sold 
15 USC 2807. 
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121 STAT. 1540 
PUBLIC LAW 110–140—DEC. 19, 2007 
by the applicable franchisee shall prevent the franchisee from 
selling a renewable fuel in lieu of 1, and only 1, grade of gasoline.’’. 
(b) ENFORCEMENT.—Section 105 of the Petroleum Marketing 
Practices Act (15 U.S.C. 2805) is amended by striking ‘‘102 or 
103’’ each place it appears and inserting ‘‘102, 103, or 107’’. 
(c) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Section 101(13) of the Petroleum Mar-
keting Practices Act (15 U.S.C. 2801(13)) is amended by 
aligning the margin of subparagraph (C) with subparagraph 
(B). 
(2) TABLE OF CONTENTS.—The table of contents of the Petro-
leum Marketing Practices Act (15 U.S.C. 2801 note) is 
amended— 
(A) by inserting after the item relating to section 106 
the following: 
‘‘Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.’’; 
and 
(B) by striking the item relating to section 202 and 
inserting the following: 
‘‘Sec. 202. Automotive fuel rating testing and disclosure requirements.’’. 
SEC. 242. RENEWABLE FUEL DISPENSER REQUIREMENTS. 
(a) MARKET PENETRATION REPORTS.—The Secretary, in con-
sultation with the Secretary of Transportation, shall determine 
and report to Congress annually on the market penetration for 
flexible-fuel vehicles in use within geographic regions to be estab-
lished by the Secretary. 
(b) DISPENSER FEASIBILITY STUDY.—Not later than 24 months 
after the date of enactment of this Act, the Secretary, in consultation 
with the Department of Transportation, shall report to the Congress 
on the feasibility of requiring motor fuel retailers to install E– 
85 compatible dispensers and related systems at retail fuel facilities 
in regions where flexible-fuel vehicle market penetration has 
reached 15 percent of motor vehicles. In conducting such study, 
the Secretary shall consider and report on the following factors: 
(1) The commercial availability of E–85 fuel and the 
number of competing E–85 wholesale suppliers in a given 
region. 
(2) The level of financial assistance provided on an annual 
basis by the Federal Government, State governments, and non-
profit entities for the installation of E–85 compatible infrastruc-
ture. 
(3) The number of retailers whose retail locations are 
unable to support more than 2 underground storage tank dis-
pensers. 
(4) The expense incurred by retailers in the installation 
and sale of E–85 compatible dispensers and related systems 
and any potential effects on the price of motor vehicle fuel. 
SEC. 243. ETHANOL PIPELINE FEASIBILITY STUDY. 
(a) IN GENERAL.—The Secretary, in coordination with the Sec-
retary of Transportation, shall conduct a study of the feasibility 
of the construction of pipelines dedicated to the transportation 
of ethanol. 
(b) FACTORS
FOR CONSIDERATION.—In conducting the study 
under subsection (a), the Secretary shall take into consideration— 
Reports. 
42 USC 17051. 
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121 STAT. 1541 
PUBLIC LAW 110–140—DEC. 19, 2007 
(1) the quantity of ethanol production that would make 
dedicated pipelines economically viable; 
(2) existing or potential barriers to the construction of 
pipelines dedicated to the transportation of ethanol, including 
technical, siting, financing, and regulatory barriers; 
(3) market risk (including throughput risk) and means 
of mitigating the risk; 
(4) regulatory, financing, and siting options that would 
mitigate the risk and help ensure the construction of 1 or 
more pipelines dedicated to the transportation of ethanol; 
(5) financial incentives that may be necessary for the 
construction of pipelines dedicated to the transportation of eth-
anol, including the return on equity that sponsors of the initial 
dedicated ethanol pipelines will require to invest in the pipe-
lines; 
(6) technical factors that may compromise the safe 
transportation of ethanol in pipelines, including identification 
of remedial and preventive measures to ensure pipeline integ-
rity; and 
(7) such other factors as the Secretary considers to be 
appropriate. 
(c) REPORT.—Not later than 15 months after the date of enact-
ment of this Act, the Secretary shall submit to Congress a report 
describing the results of the study conducted under this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out this section 
$1,000,000 for each of fiscal years 2008 and 2009, to remain avail-
able until expended. 
SEC. 244. RENEWABLE FUEL INFRASTRUCTURE GRANTS. 
(a) DEFINITION
OF RENEWABLE FUEL BLEND.—For purposes 
of this section, the term ‘‘renewable fuel blend’’ means a gasoline 
blend that contains not less than 11 percent, and not more than 
85 percent, renewable fuel or diesel fuel that contains at least 
10 percent renewable fuel. 
(b) INFRASTRUCTURE DEVELOPMENT GRANTS.— 
(1) ESTABLISHMENT.—The Secretary shall establish a pro-
gram for making grants for providing assistance to retail and 
wholesale motor fuel dealers or other entities for the installa-
tion, replacement, or conversion of motor fuel storage and dis-
pensing infrastructure to be used exclusively to store and dis-
pense renewable fuel blends. 
(2) SELECTION CRITERIA.—Not later than 12 months after 
the date of enactment of this Act, the Secretary shall establish 
criteria for evaluating applications for grants under this sub-
section that will maximize the availability and use of renewable 
fuel blends, and that will ensure that renewable fuel blends 
are available across the country. Such criteria shall provide 
for— 
(A) consideration of the public demand for each renew-
able fuel blend in a particular geographic area based on 
State registration records showing the number of flexible- 
fuel vehicles; 
(B) consideration of the opportunity to create or expand 
corridors of renewable fuel blend stations along interstate 
or State highways; 
Deadline. 
42 USC 17052. 
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121 STAT. 1542 
PUBLIC LAW 110–140—DEC. 19, 2007 
(C) consideration of the experience of each applicant 
with previous, similar projects; 
(D) consideration of population, number of flexible- 
fuel vehicles, number of retail fuel outlets, and saturation 
of flexible-fuel vehicles; and 
(E) priority consideration to applications that— 
(i) are most likely to maximize displacement of 
petroleum consumption, measured as a total quantity 
and a percentage; 
(ii) are best able to incorporate existing infrastruc-
ture while maximizing, to the extent practicable, the 
use of renewable fuel blends; and 
(iii) demonstrate the greatest commitment on the 
part of the applicant to ensure funding for the proposed 
project and the greatest likelihood that the project 
will be maintained or expanded after Federal assist-
ance under this subsection is completed. 
(3) LIMITATIONS.—Assistance provided under this sub-
section shall not exceed— 
(A) 33 percent of the estimated cost of the installation, 
replacement, or conversion of motor fuel storage and dis-
pensing infrastructure; or 
(B) $180,000 for a combination of equipment at any 
one retail outlet location. 
(4) OPERATION OF RENEWABLE FUEL BLEND STATIONS.—The 
Secretary shall establish rules that set forth requirements for 
grant recipients under this section that include providing to 
the public the renewable fuel blends, establishing a marketing 
plan that informs consumers of the price and availability of 
the renewable fuel blends, clearly labeling the dispensers and 
related equipment, and providing periodic reports on the status 
of the renewable fuel blend sales, the type and amount of 
the renewable fuel blends dispensed at each location, and the 
average price of such fuel. 
(5) NOTIFICATION REQUIREMENTS.—Not later than the date 
on which each renewable fuel blend station begins to offer 
renewable fuel blends to the public, the grant recipient that 
used grant funds to construct or upgrade such station shall 
notify the Secretary of such opening. The Secretary shall add 
each new renewable fuel blend station to the renewable fuel 
blend station locator on its Website when it receives notification 
under this subsection. 
(6) DOUBLE COUNTING.—No person that receives a credit 
under section 30C of the Internal Revenue Code of 1986 may 
receive assistance under this section. 
(7) RESERVATION OF FUNDS.—The Secretary shall reserve 
funds appropriated for the renewable fuel blends infrastructure 
development grant program for technical and marketing assist-
ance described in subsection (c). 
(c) RETAIL TECHNICAL AND MARKETING ASSISTANCE.—The Sec-
retary shall enter into contracts with entities with demonstrated 
experience in assisting retail fueling stations in installing refueling 
systems and marketing renewable fuel blends nationally, for the 
provision of technical and marketing assistance to recipients of 
grants under this section. Such assistance shall include— 
(1) technical advice for compliance with applicable Federal 
and State environmental requirements; 
Contracts. 
Web site. 
Deadline. 
Regulations. 
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121 STAT. 1543 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) help in identifying supply sources and securing long- 
term contracts; and 
(3) provision of public outreach, education, and labeling 
materials. 
(d) REFUELING INFRASTRUCTURE CORRIDORS.— 
(1) IN GENERAL.—The Secretary shall establish a competi-
tive grant pilot program (referred to in this subsection as the 
‘‘pilot program’’), to be administered through the Vehicle Tech-
nology Deployment Program of the Department, to provide 
not more than 10 geographically-dispersed project grants to 
State governments, Indian tribal governments, local govern-
ments, metropolitan transportation authorities, or partnerships 
of those entities to carry out 1 or more projects for the purposes 
described in paragraph (2). 
(2) GRANT PURPOSES.—A grant under this subsection shall 
be used for the establishment of refueling infrastructure cor-
ridors, as designated by the Secretary, for renewable fuel 
blends, including— 
(A) installation of infrastructure and equipment nec-
essary to ensure adequate distribution of renewable fuel 
blends within the corridor; 
(B) installation of infrastructure and equipment nec-
essary to directly support vehicles powered by renewable 
fuel blends; and 
(C) operation and maintenance of infrastructure and 
equipment installed as part of a project funded by the 
grant. 
(3) APPLICATIONS.— 
(A) REQUIREMENTS.— 
(i) IN GENERAL.—Subject to clause (ii), not later 
than 90 days after the date of enactment of this Act, 
the Secretary shall issue requirements for use in 
applying for grants under the pilot program. 
(ii) MINIMUM REQUIREMENTS.—At a minimum, the 
Secretary shall require that an application for a grant 
under this subsection— 
(I) be submitted by— 
(aa) the head of a State, tribal, or local 
government or a metropolitan transportation 
authority, or any combination of those entities; 
and 
(bb) a registered participant in the Vehicle 
Technology 
Deployment 
Program 
of 
the 
Department; and 
(II) include— 
(aa) a description of the project proposed 
in the application, including the ways in which 
the project meets the requirements of this sub-
section; 
(bb) an estimate of the degree of use of 
the project, including the estimated size of 
fleet of vehicles operated with renewable fuels 
blend available within the geographic region 
of the corridor, measured as a total quantity 
and a percentage; 
(cc) an estimate of the potential petroleum 
displaced as a result of the project (measured 
Deadline. 
Grants. 
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121 STAT. 1544 
PUBLIC LAW 110–140—DEC. 19, 2007 
as a total quantity and a percentage), and 
a plan to collect and disseminate petroleum 
displacement and other relevant data relating 
to the project to be funded under the grant, 
over the expected life of the project; 
(dd) a description of the means by which 
the project will be sustainable without Federal 
assistance after the completion of the term 
of the grant; 
(ee) a complete description of the costs 
of the project, including acquisition, construc-
tion, operation, and maintenance costs over 
the expected life of the project; and 
(ff) a description of which costs of the 
project will be supported by Federal assistance 
under this subsection. 
(B) PARTNERS.—An applicant under subparagraph (A) 
may carry out a project under the pilot program in partner-
ship with public and private entities. 
(4) SELECTION CRITERIA.—In evaluating applications under 
the pilot program, the Secretary shall— 
(A) consider the experience of each applicant with pre-
vious, similar projects; and 
(B) give priority consideration to applications that— 
(i) are most likely to maximize displacement of 
petroleum consumption, measured as a total quantity 
and a percentage; 
(ii) are best able to incorporate existing infrastruc-
ture while maximizing, to the extent practicable, the 
use of advanced biofuels; 
(iii) demonstrate the greatest commitment on the 
part of the applicant to ensure funding for the proposed 
project and the greatest likelihood that the project 
will be maintained or expanded after Federal assist-
ance under this subsection is completed; 
(iv) represent a partnership of public and private 
entities; and 
(v) exceed the minimum requirements of para-
graph (3)(A)(ii). 
(5) PILOT PROJECT REQUIREMENTS.— 
(A) MAXIMUM AMOUNT.—The Secretary shall provide 
not more than $20,000,000 in Federal assistance under 
the pilot program to any applicant. 
(B) COST SHARING.—The non-Federal share of the cost 
of any activity relating to renewable fuel blend infrastruc-
ture development carried out using funds from a grant 
under this subsection shall be not less than 20 percent. 
(C) MAXIMUM PERIOD OF GRANTS.—The Secretary shall 
not provide funds to any applicant under the pilot program 
for more than 2 years. 
(D) DEPLOYMENT
AND
DISTRIBUTION.—The Secretary 
shall seek, to the maximum extent practicable, to ensure 
a broad geographic distribution of project sites funded by 
grants under this subsection. 
(E) TRANSFER OF INFORMATION AND KNOWLEDGE.—The 
Secretary shall establish mechanisms to ensure that the 
information and knowledge gained by participants in the 
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121 STAT. 1545 
PUBLIC LAW 110–140—DEC. 19, 2007 
pilot program are transferred among the pilot program 
participants and to other interested parties, including other 
applicants that submitted applications. 
(6) SCHEDULE.— 
(A) INITIAL GRANTS.— 
(i) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall pub-
lish in the Federal Register, Commerce Business Daily, 
and such other publications as the Secretary considers 
to be appropriate, a notice and request for applications 
to carry out projects under the pilot program. 
(ii) DEADLINE.—An application described in clause 
(i) shall be submitted to the Secretary by not later 
than 180 days after the date of publication of the 
notice under that clause. 
(iii) INITIAL SELECTION.—Not later than 90 days 
after the date by which applications for grants are 
due under clause (ii), the Secretary shall select by 
competitive, peer-reviewed proposal up to 5 applica-
tions for projects to be awarded a grant under the 
pilot program. 
(B) ADDITIONAL GRANTS.— 
(i) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall pub-
lish in the Federal Register, Commerce Business Daily, 
and such other publications as the Secretary considers 
to be appropriate, a notice and request for additional 
applications to carry out projects under the pilot pro-
gram that incorporate the information and knowledge 
obtained through the implementation of the first round 
of projects authorized under the pilot program. 
(ii) DEADLINE.—An application described in clause 
(i) shall be submitted to the Secretary by not later 
than 180 days after the date of publication of the 
notice under that clause. 
(iii) INITIAL SELECTION.—Not later than 90 days 
after the date by which applications for grants are 
due under clause (ii), the Secretary shall select by 
competitive, peer-reviewed proposal such additional 
applications for projects to be awarded a grant under 
the pilot program as the Secretary determines to be 
appropriate. 
(7) REPORTS TO CONGRESS.— 
(A) INITIAL REPORT.—Not later than 60 days after the 
date on which grants are awarded under this subsection, 
the Secretary shall submit to Congress a report con-
taining— 
(i) an identification of the grant recipients and 
a description of the projects to be funded under the 
pilot program; 
(ii) an identification of other applicants that sub-
mitted applications for the pilot program but to which 
funding was not provided; and 
(iii) a description of the mechanisms used by the 
Secretary to ensure that the information and knowl-
edge gained by participants in the pilot program are 
transferred among the pilot program participants and 
Deadlines. 
Federal Register, 
publication. 
Publication. 
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121 STAT. 1546 
PUBLIC LAW 110–140—DEC. 19, 2007 
to other interested parties, including other applicants 
that submitted applications. 
(B) EVALUATION.—Not later than 2 years after the 
date of enactment of this Act, and annually thereafter 
until the termination of the pilot program, the Secretary 
shall submit to Congress a report containing an evaluation 
of the effectiveness of the pilot program, including an 
assessment of the petroleum displacement and benefits 
to the environment derived from the projects included in 
the pilot program. 
(e) RESTRICTION.—No grant shall be provided under subsection 
(b) or (c) to a large, vertically integrated oil company. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for carrying out this section 
$200,000,000 for each of the fiscal years 2008 through 2014. 
SEC. 245. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMES-
TICALLY-PRODUCED RENEWABLE FUEL BY RAILROADS 
AND OTHER MODES OF TRANSPORTATION. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary, in coordination with the 
Secretary of Transportation, shall jointly conduct a study of 
the adequacy of transportation of domestically-produced renew-
able fuels by railroad and other modes of transportation as 
designated by the Secretaries. 
(2) COMPONENTS.—In conducting the study under para-
graph (1), the Secretaries shall— 
(A) consider the adequacy of existing railroad and other 
transportation and distribution infrastructure, equipment, 
service and capacity to move the necessary quantities of 
domestically-produced renewable fuel within the time-
frames; 
(B)(i) consider the projected costs of moving the domes-
tically-produced renewable fuel by railroad and other modes 
of transportation; and 
(ii) consider the impact of the projected costs on the 
marketability of the domestically-produced renewable fuel; 
(C) identify current and potential impediments to the 
reliable transportation and distribution of adequate sup-
plies of domestically-produced renewable fuel at reasonable 
prices, including practices currently utilized by domestic 
producers, shippers, and receivers of renewable fuels; 
(D) consider whether adequate competition exists 
within and between modes of transportation for the 
transportation and distribution of domestically-produced 
renewable fuel and, whether inadequate competition leads 
to an unfair price for the transportation and distribution 
of domestically-produced renewable fuel or unacceptable 
service for transportation of domestically-produced renew-
able fuel; 
(E) consider whether Federal agencies have adequate 
legal authority to address instances of inadequate competi-
tion when inadequate competition is found to prevent 
domestic producers for renewable fuels from obtaining a 
fair and reasonable transportation price or acceptable 
service for the transportation and distribution of domesti-
cally-produced renewable fuels; 
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121 STAT. 1547 
PUBLIC LAW 110–140—DEC. 19, 2007 
(F) consider whether Federal agencies have adequate 
legal authority to address railroad and transportation 
service problems that may be resulting in inadequate sup-
plies of domestically-produced renewable fuel in any area 
of the United States; 
(G) consider what transportation infrastructure capital 
expenditures may be necessary to ensure the reliable 
transportation of adequate supplies of domestically-pro-
duced renewable fuel at reasonable prices within the 
United States and which public and private entities should 
be responsible for making such expenditures; and 
(H) provide recommendations on ways to facilitate the 
reliable transportation of adequate supplies of domestically- 
produced renewable fuel at reasonable prices. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretaries shall jointly submit to the Com-
mittee on Commerce, Science and Transportation, the Committee 
on Energy and Natural Resources, and the Committee on Environ-
ment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives a report that 
describes the results of the study conducted under subsection (a). 
SEC. 246. FEDERAL FLEET FUELING CENTERS. 
(a) IN GENERAL.—Not later than January 1, 2010, the head 
of each Federal agency shall install at least 1 renewable fuel pump 
at each Federal fleet fueling center in the United States under 
the jurisdiction of the head of the Federal agency. 
(b) REPORT.—Not later than October 31 of the first calendar 
year beginning after the date of the enactment of this Act, and 
each October 31 thereafter, the President shall submit to Congress 
a report that describes the progress toward complying with sub-
section (a), including identifying— 
(1) the number of Federal fleet fueling centers that contain 
at least 1 renewable fuel pump; and 
(2) the number of Federal fleet fueling centers that do 
not contain any renewable fuel pumps. 
(c) DEPARTMENT OF DEFENSE FACILITY.—This section shall not 
apply to a Department of Defense fueling center with a fuel turnover 
rate of less than 100,000 gallons of fuel per year. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
SEC. 247. STANDARD SPECIFICATIONS FOR BIODIESEL. 
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended 
by redesignating subsection (s) as subsection (t), redesignating sub-
section (r) (relating to conversion assistance for cellulosic biomass, 
waste-derived ethanol, approved renewable fuels) as subsection (s) 
and by adding the following new subsection at the end thereof: 
‘‘(u) STANDARD SPECIFICATIONS FOR BIODIESEL.—(1) Unless the 
American Society for Testing and Materials has adopted a standard 
for diesel fuel containing 20 percent biodiesel (commonly known 
as ‘B20’) within 1 year after the date of enactment of this subsection, 
the Administrator shall initiate a rulemaking to establish a uniform 
per gallon fuel standard for such fuel and designate an identification 
number so that vehicle manufacturers are able to design engines 
to use fuel meeting such standard. 
Deadline. 
Regulations. 
Deadline. 
42 USC 17053. 
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121 STAT. 1548 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(2) Unless the American Society for Testing and Materials 
has adopted a standard for diesel fuel containing 5 percent biodiesel 
(commonly known as ‘B5’) within 1 year after the date of enactment 
of this subsection, the Administrator shall initiate a rulemaking 
to establish a uniform per gallon fuel standard for such fuel and 
designate an identification so that vehicle manufacturers are able 
to design engines to use fuel meeting such standard. 
‘‘(3) Whenever the Administrator is required to initiate a rule-
making under paragraph (1) or (2), the Administrator shall promul-
gate a final rule within 18 months after the date of the enactment 
of this subsection. 
‘‘(4) Not later than 180 days after the enactment of this sub-
section, the Administrator shall establish an annual inspection 
and enforcement program to ensure that diesel fuel containing 
biodiesel sold or distributed in interstate commerce meets the stand-
ards established under regulations under this section, including 
testing and certification for compliance with applicable standards 
of the American Society for Testing and Materials. There are author-
ized to be appropriated to carry out the inspection and enforcement 
program under this paragraph $3,000,000 for each of fiscal years 
2008 through 2010. 
‘‘(5) For purposes of this subsection, the term ‘biodiesel’ has 
the meaning provided by section 312(f) of Energy Policy Act of 
1992 (42 U.S.C. 13220(f)).’’. 
SEC. 248. BIOFUELS DISTRIBUTION AND ADVANCED BIOFUELS INFRA-
STRUCTURE. 
(a) IN GENERAL.—The Secretary, in coordination with the Sec-
retary of Transportation and in consultation with the Administrator 
of the Environmental Protection Agency, shall carry out a program 
of research, development, and demonstration relating to existing 
transportation fuel distribution infrastructure and new alternative 
distribution infrastructure. 
(b) FOCUS.—The program described in subsection (a) shall focus 
on the physical and chemical properties of biofuels and efforts 
to prevent or mitigate against adverse impacts of those properties 
in the areas of— 
(1) corrosion of metal, plastic, rubber, cork, fiberglass, 
glues, or any other material used in pipes and storage tanks; 
(2) dissolving of storage tank sediments; 
(3) clogging of filters; 
(4) contamination from water or other adulterants or pollut-
ants; 
(5) poor flow properties related to low temperatures; 
(6) oxidative and thermal instability in long-term storage 
and uses; 
(7) microbial contamination; 
(8) problems associated with electrical conductivity; and 
(9) such other areas as the Secretary considers appropriate. 
Subtitle D—Environmental Safeguards 
SEC. 251. WAIVER FOR FUEL OR FUEL ADDITIVES. 
Section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)) is 
amended to read as follows: 
42 USC 17054. 
Appropriation 
authorization. 
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121 STAT. 1549 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(4) The Administrator, upon application of any manufacturer 
of any fuel or fuel additive, may waive the prohibitions established 
under paragraph (1) or (3) of this subsection or the limitation 
specified in paragraph (2) of this subsection, if he determines that 
the applicant has established that such fuel or fuel additive or 
a specified concentration thereof, and the emission products of 
such fuel or fuel additive or specified concentration thereof, will 
not cause or contribute to a failure of any emission control device 
or system (over the useful life of the motor vehicle, motor vehicle 
engine, nonroad engine or nonroad vehicle in which such device 
or system is used) to achieve compliance by the vehicle or engine 
with the emission standards with respect to which it has been 
certified pursuant to sections 206 and 213(a). The Administrator 
shall take final action to grant or deny an application submitted 
under this paragraph, after public notice and comment, within 
270 days of the receipt of such an application.’’. 
TITLE III—ENERGY SAVINGS THROUGH 
IMPROVED STANDARDS FOR APPLI-
ANCE AND LIGHTING 
Subtitle A—Appliance Energy Efficiency 
SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy and Con-
servation Act (42 U.S.C. 6291) is amended— 
(1) in paragraph (36)— 
(A) by striking ‘‘(36) The’’ and inserting the following: 
‘‘(36) EXTERNAL POWER SUPPLY.— 
‘‘(A) IN GENERAL.—The’’; and 
(B) by adding at the end the following: 
‘‘(B) ACTIVE MODE.—The term ‘active mode’ means the 
mode of operation when an external power supply is con-
nected to the main electricity supply and the output is 
connected to a load. 
‘‘(C) CLASS A EXTERNAL POWER SUPPLY.— 
‘‘(i) IN GENERAL.—The term ‘class A external power 
supply’ means a device that— 
‘‘(I) is designed to convert line voltage AC 
input into lower voltage AC or DC output; 
‘‘(II) is able to convert to only 1 AC or DC 
output voltage at a time; 
‘‘(III) is sold with, or intended to be used with, 
a separate end-use product that constitutes the 
primary load; 
‘‘(IV) is contained in a separate physical enclo-
sure from the end-use product; 
‘‘(V) is connected to the end-use product via 
a removable or hard-wired male/female electrical 
connection, cable, cord, or other wiring; and 
‘‘(VI) has nameplate output power that is less 
than or equal to 250 watts. 
‘‘(ii) EXCLUSIONS.—The term ‘class A external 
power supply’ does not include any device that— 
Notice. 
Deadline. 
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121 STAT. 1550 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(I) requires Federal Food and Drug Adminis-
tration listing and approval as a medical device 
in accordance with section 513 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360c); or 
‘‘(II) powers the charger of a detachable bat-
tery pack or charges the battery of a product that 
is fully or primarily motor operated. 
‘‘(D) NO-LOAD MODE.—The term ‘no-load mode’ means 
the mode of operation when an external power supply 
is connected to the main electricity supply and the output 
is not connected to a load.’’; and 
(2) by adding at the end the following: 
‘‘(52) DETACHABLE BATTERY.—The term ‘detachable battery’ 
means a battery that is— 
‘‘(A) contained in a separate enclosure from the 
product; and 
‘‘(B) intended to be removed or disconnected from the 
product for recharging.’’. 
(b) TEST PROCEDURES.—Section 323(b) of the Energy Policy 
and Conservation Act (42 U.S.C. 6293(b)) is amended by adding 
at the end the following: 
‘‘(17) CLASS A EXTERNAL POWER SUPPLIES.—Test procedures 
for class A external power supplies shall be based on the 
‘Test Method for Calculating the Energy Efficiency of Single- 
Voltage External AC–DC and AC–AC Power Supplies’ published 
by the Environmental Protection Agency on August 11, 2004, 
except that the test voltage specified in section 4(d) of that 
test method shall be only 115 volts, 60 Hz.’’. 
(c) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER SUP-
PLIES.—Section 325(u) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(u)) is amended by adding at the end the following: 
‘‘(6) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER 
SUPPLIES.— 
‘‘(A) IN
GENERAL.—Subject to subparagraphs (B) 
through (D), a class A external power supply manufactured 
on or after the later of July 1, 2008, or the date of enact-
ment of this paragraph shall meet the following standards: 
‘‘Active Mode 
‘‘Nameplate Output 
Required Efficiency 
(decimal equivalent of a percent-
age) 
Less than 1 watt 
0.5 times the Nameplate Output 
From 1 watt to not more than 51 watts 
The sum of 0.09 times the Natural 
Logarithm of the Nameplate Output 
and 0.5 
Greater than 51 watts 
0.85 
‘‘No-Load Mode 
‘‘Nameplate Output 
Maximum Consumption 
Not more than 250 watts 
0.5 watts 
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121 STAT. 1551 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) NONCOVERED SUPPLIES.—A class A external power 
supply shall not be subject to subparagraph (A) if the 
class A external power supply is— 
‘‘(i) manufactured during the period beginning on 
July 1, 2008, and ending on June 30, 2015; and 
‘‘(ii) made available by the manufacturer as a 
service part or a spare part for an end-use product— 
‘‘(I) that constitutes the primary load; and 
‘‘(II) was manufactured before July 1, 2008. 
‘‘(C) MARKING.—Any class A external power supply 
manufactured on or after the later of July 1, 2008 or 
the date of enactment of this paragraph shall be clearly 
and permanently marked in accordance with the External 
Power Supply International Efficiency Marking Protocol, 
as referenced in the ‘Energy Star Program Requirements 
for Single Voltage External AC–DC and AC–AC Power 
Supplies, version 1.1’ published by the Environmental 
Protection Agency. 
‘‘(D) AMENDMENT OF STANDARDS.— 
‘‘(i) FINAL RULE BY JULY 1, 2011.— 
‘‘(I) IN GENERAL.—Not later than July 1, 2011, 
the Secretary shall publish a final rule to deter-
mine whether the standards established under 
subparagraph (A) should be amended. 
‘‘(II) ADMINISTRATION.—The final rule shall— 
‘‘(aa) contain any amended standards; and 
‘‘(bb) apply to products manufactured on 
or after July 1, 2013. 
‘‘(ii) FINAL RULE BY JULY 1, 2015.— 
‘‘(I) IN GENERAL.—Not later than July 1, 2015 
the Secretary shall publish a final rule to deter-
mine whether the standards then in effect should 
be amended. 
‘‘(II) ADMINISTRATION.—The final rule shall— 
‘‘(aa) contain any amended standards; and 
‘‘(bb) apply to products manufactured on 
or after July 1, 2017. 
‘‘(7) END-USE PRODUCTS.—An energy conservation standard 
for external power supplies shall not constitute an energy con-
servation standard for the separate end-use product to which 
the external power supplies is connected.’’. 
SEC. 302. UPDATING APPLIANCE TEST PROCEDURES. 
(a) CONSUMER APPLIANCES.—Section 323(b)(1) of the Energy 
Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended 
by striking ‘‘(1)’’ and all that follows through the end of the para-
graph and inserting the following: 
‘‘(1) TEST PROCEDURES.— 
‘‘(A) AMENDMENT.—At least once every 7 years, the 
Secretary shall review test procedures for all covered prod-
ucts and— 
‘‘(i) amend test procedures with respect to any 
covered product, if the Secretary determines that 
amended test procedures would more accurately or 
fully comply with the requirements of paragraph (3); 
or 
Deadline. 
Federal Register, 
publication. 
Applicability. 
Publication. 
Applicability. 
Publication. 
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121 STAT. 1552 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) publish notice in the Federal Register of any 
determination not to amend a test procedure.’’. 
(b) INDUSTRIAL EQUIPMENT.—Section 343(a) of the Energy 
Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by 
striking ‘‘(a)’’ and all that follows through the end of paragraph 
(1) and inserting the following: 
‘‘(a) PRESCRIPTION BY SECRETARY; REQUIREMENTS.— 
‘‘(1) TEST PROCEDURES.— 
‘‘(A) AMENDMENT.—At least once every 7 years, the 
Secretary shall conduct an evaluation of each class of cov-
ered equipment and— 
‘‘(i) if the Secretary determines that amended test 
procedures would more accurately or fully comply with 
the requirements of paragraphs (2) and (3), shall pre-
scribe test procedures for the class in accordance with 
this section; or 
‘‘(ii) shall publish notice in the Federal Register 
of any determination not to amend a test procedure.’’. 
SEC. 303. RESIDENTIAL BOILERS. 
Section 325(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(f)) is amended— 
(1) in the subsection heading, by inserting ‘‘AND BOILERS’’ 
after ‘‘FURNACES’’; 
(2) by redesignating paragraph (3) as paragraph (4); and 
(3) by inserting after paragraph (2) the following: 
‘‘(3) BOILERS.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), boilers manufactured on or after September 1, 2012, 
shall meet the following requirements: 
Boiler Type 
Minimum Annual Fuel 
Utilization Efficiency 
Design Requirements 
Gas Hot Water ..................
82% 
No Constant Burning 
Pilot, Automatic Means for 
Adjusting Water Tempera-
ture 
Gas Steam .......................
80% 
No Constant Burning Pilot 
Oil Hot Water ...................
84% 
Automatic Means for Ad-
justing Temperature 
Oil Steam .........................
82% 
None 
Electric Hot Water ...........
None 
Automatic Means for Ad-
justing Temperature 
Electric Steam ..................
None 
None 
‘‘(B) 
AUTOMATIC
MEANS
FOR
ADJUSTING
WATER 
TEMPERATURE.— 
‘‘(i) IN GENERAL.—The manufacturer shall equip 
each gas, oil, and electric hot water boiler (other than 
a boiler equipped with a tankless domestic water 
heating coil) with automatic means for adjusting the 
temperature of the water supplied by the boiler to 
ensure that an incremental change in inferred heat 
42 USC 6314. 
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121 STAT. 1553 
PUBLIC LAW 110–140—DEC. 19, 2007 
load produces a corresponding incremental change in 
the temperature of water supplied. 
‘‘(ii) SINGLE INPUT RATE.—For a boiler that fires 
at 1 input rate, the requirements of this subparagraph 
may be satisfied by providing an automatic means 
that allows the burner or heating element to fire only 
when the means has determined that the inferred heat 
load cannot be met by the residual heat of the water 
in the system. 
‘‘(iii) NO INFERRED HEAT LOAD.—When there is no 
inferred heat load with respect to a hot water boiler, 
the automatic means described in clauses (i) and (ii) 
shall limit the temperature of the water in the boiler 
to not more than 140 degrees Fahrenheit. 
‘‘(iv) OPERATION.—A boiler described in clause (i) 
or (ii) shall be operable only when the automatic means 
described in clauses (i), (ii), and (iii) is installed. 
‘‘(C) EXCEPTION.—A boiler that is manufactured to 
operate without any need for electricity or any electric 
connection, electric gauges, electric pumps, electric wires, 
or electric devices shall not be required to meet the require-
ments of this paragraph.’’. 
SEC. 304. FURNACE FAN STANDARD PROCESS. 
Paragraph (4)(D) of section 325(f) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(f)) (as redesignated by section 
303(4)) is amended by striking ‘‘the Secretary may’’ and inserting 
‘‘not later than December 31, 2013, the Secretary shall’’. 
SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND 
CLARIFYING STATE AUTHORITY. 
(a) CONSUMER APPLIANCES.—Section 325 of the Energy Policy 
and Conservation Act (42 U.S.C. 6295) is amended by striking 
subsection (m) and inserting the following: 
‘‘(m) AMENDMENT OF STANDARDS.— 
‘‘(1) IN GENERAL.—Not later than 6 years after issuance 
of any final rule establishing or amending a standard, as 
required for a product under this part, the Secretary shall 
publish— 
‘‘(A) a notice of the determination of the Secretary 
that standards for the product do not need to be amended, 
based on the criteria established under subsection (n)(2); 
or 
‘‘(B) a notice of proposed rulemaking including new 
proposed standards based on the criteria established under 
subsection (o) and the procedures established under sub-
section (p). 
‘‘(2) NOTICE.—If the Secretary publishes a notice under 
paragraph (1), the Secretary shall— 
‘‘(A) publish a notice stating that the analysis of the 
Department is publicly available; and 
‘‘(B) provide an opportunity for written comment. 
‘‘(3) AMENDMENT OF STANDARD; NEW DETERMINATION.— 
‘‘(A) AMENDMENT OF STANDARD.—Not later than 2 years 
after a notice is issued under paragraph (1)(B), the Sec-
retary shall publish a final rule amending the standard 
for the product. 
Deadline. 
Publication. 
Public 
information. 
Deadline. 
Publication. 
Notice. 
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121 STAT. 1554 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) NEW
DETERMINATION.—Not later than 3 years 
after a determination under paragraph (1)(A), the Secretary 
shall make a new determination and publication under 
subparagraph (A) or (B) of paragraph (1). 
‘‘(4) APPLICATION TO PRODUCTS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), an amendment prescribed under this subsection shall 
apply to— 
‘‘(i) with respect to refrigerators, refrigerator- 
freezers, freezers, room air conditioners, dishwashers, 
clothes washers, clothes dryers, fluorescent lamp bal-
lasts, and kitchen ranges and ovens, such a product 
that is manufactured after the date that is 3 years 
after publication of the final rule establishing an 
applicable standard; and 
‘‘(ii) with respect to central air conditioners, heat 
pumps, water heaters, pool heaters, direct heating 
equipment, and furnaces, such a product that is manu-
factured after the date that is 5 years after publication 
of the final rule establishing an applicable standard. 
‘‘(B) OTHER NEW STANDARDS.—A manufacturer shall 
not be required to apply new standards to a product with 
respect to which other new standards have been required 
during the prior 6-year period. 
‘‘(5) REPORTS.—The Secretary shall promptly submit to the 
Committee on Energy and Commerce of the House of Represent-
atives and the Committee on Energy and Natural Resources 
of the Senate— 
‘‘(A) a progress report every 180 days on compliance 
with this section, including a specific plan to remedy any 
failures to comply with deadlines for action established 
under this section; and 
‘‘(B) all required reports to the Court or to any party 
to the Consent Decree in State of New York v Bodman, 
Consolidated Civil Actions No. 05 Civ. 7807 and No. 05 
Civ. 7808.’’. 
(b) INDUSTRIAL EQUIPMENT.—Section 342(a)(6) of the Energy 
Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended— 
(1) by redesignating subparagraph (C) as subparagraph 
(D); and 
(2) by striking ‘‘(6)(A)(i)’’ and all that follows through the 
end of subparagraph (B) and inserting the following: 
‘‘(6) AMENDED ENERGY EFFICIENCY STANDARDS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) ANALYSIS OF POTENTIAL ENERGY SAVINGS.—If 
ASHRAE/IES Standard 90.1 is amended with respect 
to any small commercial package air conditioning and 
heating equipment, large commercial package air 
conditioning and heating equipment, very large 
commercial package air conditioning and heating 
equipment, packaged terminal air conditioners, pack-
aged terminal heat pumps, warm-air furnaces, pack-
aged boilers, storage water heaters, instantaneous 
water heaters, or unfired hot water storage tanks, 
not later than 180 days after the amendment of the 
standard, the Secretary shall publish in the Federal 
Register for public comment an analysis of the energy 
Federal Register, 
publication. 
Deadlines. 
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121 STAT. 1555 
PUBLIC LAW 110–140—DEC. 19, 2007 
savings potential of amended energy efficiency stand-
ards. 
‘‘(ii) AMENDED UNIFORM NATIONAL STANDARD FOR 
PRODUCTS.— 
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II), not later than 18 months after the 
date of publication of the amendment to the 
ASHRAE/IES 
Standard 
90.1 
for 
a 
product 
described in clause (i), the Secretary shall establish 
an amended uniform national standard for the 
product at the minimum level specified in the 
amended ASHRAE/IES Standard 90.1. 
‘‘(II) MORE STRINGENT STANDARD.—Subclause 
(I) shall not apply if the Secretary determines, 
by rule published in the Federal Register, and 
supported by clear and convincing evidence, that 
adoption of a uniform national standard more 
stringent 
than 
the 
amended 
ASHRAE/IES 
Standard 90.1 for the product would result in 
significant additional conservation of energy and 
is technologically feasible and economically justi-
fied. 
‘‘(B) RULE.—If the Secretary makes a determination 
described in clause (ii)(II) for a product described in clause 
(i), not later than 30 months after the date of publication 
of the amendment to the ASHRAE/IES Standard 90.1 for 
the product, the Secretary shall issue the rule establishing 
the amended standard. 
‘‘(C) AMENDMENT OF STANDARD.— 
‘‘(i) IN
GENERAL.—Not later than 6 years after 
issuance of any final rule establishing or amending 
a standard, as required for a product under this part, 
the Secretary shall publish— 
‘‘(I) a notice of the determination of the Sec-
retary that standards for the product do not need 
to be amended, based on the criteria established 
under subparagraph (A); or 
‘‘(II) a notice of proposed rulemaking including 
new proposed standards based on the criteria and 
procedures established under subparagraph (B). 
‘‘(ii) NOTICE.—If the Secretary publishes a notice 
under clause (i), the Secretary shall— 
‘‘(I) publish a notice stating that the analysis 
of the Department is publicly available; and 
‘‘(II) provide an opportunity for written com-
ment. 
‘‘(iii) AMENDMENT OF STANDARD; NEW DETERMINA-
TION.— 
‘‘(I) AMENDMENT
OF
STANDARD.—Not later 
than 2 years after a notice is issued under clause 
(i)(II), the Secretary shall publish a final rule 
amending the standard for the product. 
‘‘(II) NEW DETERMINATION.—Not later than 3 
years after a determination under clause (i)(I), the 
Secretary shall make a new determination and 
publication under subclause (I) or (II) of clause 
(i). 
Public 
information. 
Notice. 
Publication. 
Federal Register, 
publication. 
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121 STAT. 1556 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(iv) APPLICATION TO PRODUCTS.—An amendment 
prescribed under this subsection shall apply to prod-
ucts manufactured after a date that is the later of— 
‘‘(I) the date that is 3 years after publication 
of the final rule establishing a new standard; or 
‘‘(II) the date that is 6 years after the effective 
date of the current standard for a covered product. 
‘‘(v) REPORTS.—The Secretary shall promptly 
submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a 
progress report every 180 days on compliance with 
this subparagraph, including a specific plan to remedy 
any failures to comply with deadlines for action estab-
lished under this subparagraph.’’. 
SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR 
CONDITIONERS, AND HEAT PUMPS. 
(a) IN GENERAL.—Section 325(o) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(o)) is amended by adding at the 
end the following: 
‘‘(6) REGIONAL
STANDARDS
FOR
FURNACES, CENTRAL
AIR 
CONDITIONERS, AND HEAT PUMPS.— 
‘‘(A) IN GENERAL.—In any rulemaking to establish a 
new or amended standard, the Secretary may consider 
the establishment of separate standards by geographic 
region for furnaces (except boilers), central air conditioners, 
and heat pumps. 
‘‘(B) NATIONAL AND REGIONAL STANDARDS.— 
‘‘(i) NATIONAL STANDARD.—If the Secretary estab-
lishes a regional standard for a product, the Secretary 
shall establish a base national standard for the 
product. 
‘‘(ii) REGIONAL STANDARDS.—If the Secretary estab-
lishes a regional standard for a product, the Secretary 
may establish more restrictive standards for the 
product by geographic region as follows: 
‘‘(I) For furnaces, the Secretary may establish 
1 additional standard that is applicable in a 
geographic region defined by the Secretary. 
‘‘(II) For any cooling product, the Secretary 
may establish 1 or 2 additional standards that 
are applicable in 1 or 2 geographic regions as 
may be defined by the Secretary. 
‘‘(C) BOUNDARIES OF GEOGRAPHIC REGIONS.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the bound-
aries of additional geographic regions established by 
the Secretary under this paragraph shall include only 
contiguous States. 
‘‘(ii) ALASKA AND HAWAII.—The States of Alaska 
and Hawaii may be included under this paragraph 
in a geographic region that the States are not contig-
uous to. 
‘‘(iii) INDIVIDUAL STATES.—Individual States shall 
be placed only into a single region under this para-
graph. 
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121 STAT. 1557 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(D) 
PREREQUISITES.—In 
establishing 
additional 
regional standards under this paragraph, the Secretary 
shall— 
‘‘(i) establish additional regional standards only 
if the Secretary determines that— 
‘‘(I) the establishment of additional regional 
standards will produce significant energy savings 
in comparison to establishing only a single national 
standard; and 
‘‘(II) the additional regional standards are 
economically justified under this paragraph; and 
‘‘(ii) consider the impact of the additional regional 
standards on consumers, manufacturers, and other 
market participants, including product distributors, 
dealers, contractors, and installers. 
‘‘(E) APPLICATION; EFFECTIVE DATE.— 
‘‘(i) BASE NATIONAL STANDARD.—Any base national 
standard established for a product under this para-
graph shall— 
‘‘(I) be the minimum standard for the product; 
and 
‘‘(II) apply to all products manufactured or 
imported into the United States on and after the 
effective date for the standard. 
‘‘(ii) REGIONAL
STANDARDS.—Any additional and 
more restrictive regional standard established for a 
product under this paragraph shall apply to any such 
product installed on or after the effective date of the 
standard in States in which the Secretary has des-
ignated the standard to apply. 
‘‘(F) CONTINUATION OF REGIONAL STANDARDS.— 
‘‘(i) IN GENERAL.—In any subsequent rulemaking 
for any product for which a regional standard has 
been previously established, the Secretary shall deter-
mine whether to continue the establishment of sepa-
rate regional standards for the product. 
‘‘(ii) REGIONAL
STANDARD
NO
LONGER
APPRO-
PRIATE.—Except as provided in clause (iii), if the Sec-
retary determines that regional standards are no 
longer appropriate for a product, beginning on the 
effective date of the amended standard for the 
product— 
‘‘(I) there shall be 1 base national standard 
for the product with Federal enforcement; and 
‘‘(II) State authority for enforcing a regional 
standard for the product shall terminate. 
‘‘(iii) 
REGIONAL
STANDARD
APPROPRIATE
BUT 
STANDARD OR REGION CHANGED.— 
‘‘(I) STATE NO LONGER CONTAINED IN REGION.— 
Subject to subclause (III), if a State is no longer 
contained in a region in which a regional standard 
that is more stringent than the base national 
standard applies, the authority of the State to 
enforce the regional standard shall terminate. 
‘‘(II) STANDARD OR REGION REVISED SO THAT 
EXISTING
REGIONAL
STANDARD
EQUALS
BASE 
NATIONAL STANDARD.—If the Secretary revises a 
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121 STAT. 1558 
PUBLIC LAW 110–140—DEC. 19, 2007 
base national standard for a product or the 
geographic definition of a region so that an existing 
regional standard for a State is equal to the revised 
base national standard— 
‘‘(aa) the authority of the State to enforce 
the regional standard shall terminate on the 
effective date of the revised base national 
standard; and 
‘‘(bb) the State shall be subject to the 
revised base national standard. 
‘‘(III) STANDARD OR REGION REVISED SO THAT 
EXISTING
REGIONAL
STANDARD
EQUALS
BASE 
NATIONAL STANDARD.—If the Secretary revises a 
base national standard for a product or the 
geographic definition of a region so that the 
standard for a State is lower than the previously 
approved regional standard, the State may con-
tinue to enforce the previously approved standard 
level. 
‘‘(iv) WAIVER OF FEDERAL PREEMPTION.—Nothing 
in this paragraph diminishes the authority of a State 
to enforce a State regulation for which a waiver of 
Federal preemption has been granted under section 
327(d). 
‘‘(G) ENFORCEMENT.— 
‘‘(i) BASE NATIONAL STANDARD.— 
‘‘(I) IN GENERAL.—The Secretary shall enforce 
any base national standard. 
‘‘(II) TRADE ASSOCIATION CERTIFICATION PRO-
GRAMS.—In enforcing the base national standard, 
the Secretary shall use, to the maximum extent 
practicable, national standard nationally recog-
nized certification programs of trade associations. 
‘‘(ii) REGIONAL STANDARDS.— 
‘‘(I) ENFORCEMENT PLAN.—Not later than 90 
days after the date of the issuance of a final rule 
that establishes a regional standard, the Secretary 
shall initiate a rulemaking to develop and imple-
ment an effective enforcement plan for regional 
standards for the products that are covered by 
the final rule. 
‘‘(II) 
RESPONSIBLE
ENTITIES.—Any 
rules 
regarding enforcement of a regional standard shall 
clearly specify which entities are legally respon-
sible for compliance with the standards and for 
making any required information or labeling 
disclosures. 
‘‘(III) FINAL RULE.—Not later than 15 months 
after the date of the issuance of a final rule that 
establishes a regional standard for a product, the 
Secretary shall promulgate a final rule covering 
enforcement of regional standards for the product. 
‘‘(IV) INCORPORATION BY STATES AND LOCAL-
ITIES.—A State or locality may incorporate any 
Federal regional standard into State or local 
building codes or State appliance standards. 
Deadline. 
Deadline. 
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121 STAT. 1559 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(V) STATE
ENFORCEMENT.—A State agency 
may seek enforcement of a Federal regional 
standard in a Federal court of competent jurisdic-
tion. 
‘‘(H) INFORMATION DISCLOSURE.— 
‘‘(i) IN
GENERAL.—Not later than 90 days after 
the date of the publication of a final rule that estab-
lishes a regional standard for a product, the Federal 
Trade Commission shall undertake a rulemaking to 
determine the appropriate 1 or more methods for dis-
closing information so that consumers, distributors, 
contractors, and installers can easily determine 
whether a specific piece of equipment that is installed 
in a specific building is in conformance with the 
regional standard that applies to the building. 
‘‘(ii) METHODS.—A method of disclosing informa-
tion under clause (i) may include— 
‘‘(I) modifications to the Energy Guide label; 
or 
‘‘(II) other methods that make it easy for con-
sumers and installers to use and understand at 
the point of installation. 
‘‘(iii) COMPLETION
OF
RULEMAKING.—The rule-
making shall be completed not later 15 months after 
the date of the publication of a final rule that estab-
lishes a regional standard for a product.’’. 
(b) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6302(a)) is amended— 
(1) in paragraph (4), by striking ‘‘or’’ after the semicolon 
at the end; 
(2) in paragraph (5), by striking ‘‘part.’’ and inserting ‘‘part, 
except to the extent that the new covered product is covered 
by a regional standard that is more stringent than the base 
national standard; or’’; and 
(3) by adding at the end the following: 
‘‘(6) for any manufacturer or private labeler to knowingly 
sell a product to a distributor, contractor, or dealer with knowl-
edge that the entity routinely violates any regional standard 
applicable to the product.’’. 
(c) CONSIDERATION OF PRICES AND OPERATING PATTERNS.—Sec-
tion 342(a)(6)(B) of the Energy Policy and Conservation Act (42 
U.S.C. 6313(a)(6)(B)) is amended by adding at the end the following: 
‘‘(iii) CONSIDERATION
OF
PRICES
AND
OPERATING 
PATTERNS.—If the Secretary is considering revised 
standards for air-cooled 3-phase central air condi-
tioners and central air conditioning heat pumps with 
less 65,000 Btu per hour (cooling capacity), the Sec-
retary shall use commercial energy prices and oper-
ating patterns in all analyses conducted by the Sec-
retary.’’. 
SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STAND-
ARDS. 
Section 325(p) of the Energy Policy and Conservation Act (42 
U.S.C. 6925(p)) is amended— 
(1) by striking paragraph (1); and 
42 USC 6295. 
Deadline. 
Deadline. 
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121 STAT. 1560 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) by redesignating paragraphs (2) through (4) as para-
graphs (1) through (3), respectively. 
SEC. 308. EXPEDITED RULEMAKINGS. 
(a) PROCEDURE FOR PRESCRIBING NEW OR AMENDED STAND-
ARDS.—Section 325(p) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(p)) (as amended by section 307) is amended by 
adding at the end the following: 
‘‘(4) DIRECT FINAL RULES.— 
‘‘(A) IN GENERAL.—On receipt of a statement that is 
submitted jointly by interested persons that are fairly rep-
resentative of relevant points of view (including representa-
tives of manufacturers of covered products, States, and 
efficiency advocates), as determined by the Secretary, and 
contains recommendations with respect to an energy or 
water conservation standard— 
‘‘(i) if the Secretary determines that the rec-
ommended standard contained in the statement is in 
accordance with subsection (o) or section 342(a)(6)(B), 
as applicable, the Secretary may issue a final rule 
that establishes an energy or water conservation 
standard and is published simultaneously with a notice 
of proposed rulemaking that proposes a new or 
amended energy or water conservation standard that 
is identical to the standard established in the final 
rule to establish the recommended standard (referred 
to in this paragraph as a ‘direct final rule’); or 
‘‘(ii) if the Secretary determines that a direct final 
rule cannot be issued based on the statement, the 
Secretary shall publish a notice of the determination, 
together with an explanation of the reasons for the 
determination. 
‘‘(B) PUBLIC
COMMENT.—The Secretary shall solicit 
public comment for a period of at least 110 days with 
respect to each direct final rule issued by the Secretary 
under subparagraph (A)(i). 
‘‘(C) WITHDRAWAL OF DIRECT FINAL RULES.— 
‘‘(i) IN GENERAL.—Not later than 120 days after 
the date on which a direct final rule issued under 
subparagraph (A)(i) is published in the Federal Reg-
ister, the Secretary shall withdraw the direct final 
rule if— 
‘‘(I) the Secretary receives 1 or more adverse 
public comments relating to the direct final rule 
under subparagraph (B)(i) or any alternative joint 
recommendation; and 
‘‘(II) based on the rulemaking record relating 
to the direct final rule, the Secretary determines 
that such adverse public comments or alternative 
joint recommendation may provide a reasonable 
basis for withdrawing the direct final rule under 
subsection (o), section 342(a)(6)(B), or any other 
applicable law. 
‘‘(ii) ACTION ON WITHDRAWAL.—On withdrawal of 
a direct final rule under clause (i), the Secretary shall— 
Deadline. 
Federal Register, 
publication. 
Publication. 
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121 STAT. 1561 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(I) proceed with the notice of proposed rule-
making published simultaneously with the direct 
final rule as described in subparagraph (A)(i); and 
‘‘(II) publish in the Federal Register the rea-
sons why the direct final rule was withdrawn. 
‘‘(iii) TREATMENT
OF
WITHDRAWN
DIRECT
FINAL 
RULES.—A direct final rule that is withdrawn under 
clause (i) shall not be considered to be a final rule 
for purposes of subsection (o). 
‘‘(D) EFFECT
OF
PARAGRAPH.—Nothing in this para-
graph authorizes the Secretary to issue a direct final rule 
based solely on receipt of more than 1 statement containing 
recommended standards relating to the direct final rule.’’. 
(b) CONFORMING AMENDMENT.—Section 345(b)(1) of the Energy 
Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended 
in the first sentence by inserting ‘‘section 325(p)(5),’’ after ‘‘The 
provisions of’’. 
SEC. 309. BATTERY CHARGERS. 
Section 325(u)(1)(E) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(u)(1)(E)) is amended— 
(1) by striking ‘‘(E)(i) Not’’ and inserting the following: 
‘‘(E) EXTERNAL POWER SUPPLIES AND BATTERY CHAR-
GERS.— 
‘‘(i) ENERGY CONSERVATION STANDARDS.— 
‘‘(I) EXTERNAL POWER SUPPLIES.—Not’’; 
(2) by striking ‘‘3 years’’ and inserting ‘‘2 years’’; 
(3) by striking ‘‘battery chargers and’’ each place it appears; 
and 
(4) by adding at the end the following: 
‘‘(II) BATTERY CHARGERS.—Not later than July 
1, 2011, the Secretary shall issue a final rule that 
prescribes energy conservation standards for bat-
tery chargers or classes of battery chargers or 
determine that no energy conservation standard 
is technically feasible and economically justified.’’. 
SEC. 310. STANDBY MODE. 
Section 325 of the Energy Policy and Conservation Act (42 
U.S.C. 6295) is amended— 
(1) in subsection (u)— 
(A) by striking paragraphs (2), (3), and (4); and 
(B) by redesignating paragraphs (5) and (6) as para-
graphs (2) and (3), respectively; 
(2) by redesignating subsection (gg) as subsection (hh); 
(3) by inserting after subsection (ff) the following: 
‘‘(gg) STANDBY MODE ENERGY USE.— 
‘‘(1) DEFINITIONS.— 
‘‘(A) IN
GENERAL.—Unless the Secretary determines 
otherwise pursuant to subparagraph (B), in this subsection: 
‘‘(i) ACTIVE MODE.—The term ‘active mode’ means 
the condition in which an energy-using product— 
‘‘(I) is connected to a main power source; 
‘‘(II) has been activated; and 
‘‘(III) provides 1 or more main functions. 
‘‘(ii) OFF MODE.—The term ‘off mode’ means the 
condition in which an energy-using product— 
‘‘(I) is connected to a main power source; and 
Deadline. 
Regulations. 
Federal Register, 
publication. 
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121 STAT. 1562 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(II) is not providing any standby or active 
mode function. 
‘‘(iii) STANDBY
MODE.—The term ‘standby mode’ 
means the condition in which an energy-using 
product— 
‘‘(I) is connected to a main power source; and 
‘‘(II) offers 1 or more of the following user- 
oriented or protective functions: 
‘‘(aa) To facilitate the activation or deacti-
vation of other functions (including active 
mode) by remote switch (including remote con-
trol), internal sensor, or timer. 
‘‘(bb) 
Continuous 
functions, 
including 
information or status displays (including 
clocks) or sensor-based functions. 
‘‘(B) AMENDED DEFINITIONS.—The Secretary may, by 
rule, amend the definitions under subparagraph (A), taking 
into consideration the most current versions of Standards 
62301 and 62087 of the International Electrotechnical 
Commission. 
‘‘(2) TEST PROCEDURES.— 
‘‘(A) IN GENERAL.—Test procedures for all covered prod-
ucts shall be amended pursuant to section 323 to include 
standby mode and off mode energy consumption, taking 
into consideration the most current versions of Standards 
62301 and 62087 of the International Electrotechnical 
Commission, with such energy consumption integrated into 
the overall energy efficiency, energy consumption, or other 
energy descriptor for each covered product, unless the Sec-
retary determines that— 
‘‘(i) the current test procedures for a covered 
product already fully account for and incorporate the 
standby mode and off mode energy consumption of 
the covered product; or 
‘‘(ii) such an integrated test procedure is tech-
nically infeasible for a particular covered product, in 
which case the Secretary shall prescribe a separate 
standby mode and off mode energy use test procedure 
for the covered product, if technically feasible. 
‘‘(B) DEADLINES.—The test procedure amendments 
required by subparagraph (A) shall be prescribed in a final 
rule no later than the following dates: 
‘‘(i) December 31, 2008, for battery chargers and 
external power supplies. 
‘‘(ii) March 31, 2009, for clothes dryers, room air 
conditioners, and fluorescent lamp ballasts. 
‘‘(iii) June 30, 2009, for residential clothes washers. 
‘‘(iv) September 30, 2009, for residential furnaces 
and boilers. 
‘‘(v) March 31, 2010, for residential water heaters, 
direct heating equipment, and pool heaters. 
‘‘(vi) March 31, 2011, for residential dishwashers, 
ranges and ovens, microwave ovens, and dehumidifiers. 
‘‘(C) PRIOR PRODUCT STANDARDS.—The test procedure 
amendments adopted pursuant to subparagraph (B) shall 
Regulations. 
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121 STAT. 1563 
PUBLIC LAW 110–140—DEC. 19, 2007 
not be used to determine compliance with product stand-
ards established prior to the adoption of the amended test 
procedures. 
‘‘(3) INCORPORATION INTO STANDARD.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), based 
on the test procedures required under paragraph (2), any 
final rule establishing or revising a standard for a covered 
product, adopted after July 1, 2010, shall incorporate 
standby mode and off mode energy use into a single 
amended or new standard, pursuant to subsection (o), if 
feasible. 
‘‘(B) SEPARATE STANDARDS.—If not feasible, the Sec-
retary shall prescribe within the final rule a separate 
standard for standby mode and off mode energy consump-
tion, if justified under subsection (o).’’; and 
(4) in paragraph (2) of subsection (hh) (as redesignated 
by paragraph (2)), by striking ‘‘(ff)’’ each place it appears and 
inserting ‘‘(gg)’’. 
SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES. 
(a) APPLIANCES.— 
(1) DEHUMIDIFIERS.—Section 325(cc) of the Energy Policy 
and Conservation Act (42 U.S.C. 6295(cc)) is amended by 
striking paragraph (2) and inserting the following: 
‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER 
1, 2012.—Dehumidifiers manufactured on or after October 1, 
2012, shall have an Energy Factor that meets or exceeds the 
following values: 
‘‘Product Capacity (pints/day): 
Minimum Energy 
Factor (liters/ 
kWh)
Up to 35.00 ..................................................................
1.35
35.01–45.00 ..................................................................
1.50
45.01–54.00 ..................................................................
1.60
54.01–75.00 ..................................................................
1.70
Greater than 75.00 ......................................................
2.5.’’. 
(2) RESIDENTIAL CLOTHES WASHERS AND RESIDENTIAL DISH-
WASHERS.—Section 325(g) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295(g)) is amended by adding at the 
end the following: 
‘‘(9) RESIDENTIAL CLOTHES WASHERS MANUFACTURED ON OR 
AFTER JANUARY 1, 2011.— 
‘‘(A) IN
GENERAL.—A top-loading or front-loading 
standard-size residential clothes washer manufactured on 
or after January 1, 2011, shall have— 
‘‘(i) a Modified Energy Factor of at least 1.26; 
and 
‘‘(ii) a water factor of not more than 9.5. 
‘‘(B) AMENDMENT OF STANDARDS.— 
‘‘(i) IN
GENERAL.—Not later than December 31, 
2011, the Secretary shall publish a final rule deter-
mining whether to amend the standards in effect for 
clothes washers manufactured on or after January 1, 
2015. 
Deadline. 
Regulations. 
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121 STAT. 1564 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) AMENDED STANDARDS.—The final rule shall 
contain any amended standards. 
‘‘(10) RESIDENTIAL
DISHWASHERS
MANUFACTURED
ON
OR 
AFTER JANUARY 1, 2010.— 
‘‘(A) IN GENERAL.—A dishwasher manufactured on or 
after January 1, 2010, shall— 
‘‘(i) for a standard size dishwasher not exceed 355 
kWh/year and 6.5 gallons per cycle; and 
‘‘(ii) for a compact size dishwasher not exceed 260 
kWh/year and 4.5 gallons per cycle. 
‘‘(B) AMENDMENT OF STANDARDS.— 
‘‘(i) IN GENERAL.—Not later than January 1, 2015, 
the Secretary shall publish a final rule determining 
whether to amend the standards for dishwashers 
manufactured on or after January 1, 2018. 
‘‘(ii) AMENDED STANDARDS.—The final rule shall 
contain any amended standards.’’. 
(3) REFRIGERATORS AND FREEZERS.—Section 325(b) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is 
amended by adding at the end the following: 
‘‘(4) REFRIGERATORS AND FREEZERS MANUFACTURED ON OR 
AFTER JANUARY 1, 2014.— 
‘‘(A) IN GENERAL.—Not later than December 31, 2010, 
the Secretary shall publish a final rule determining 
whether to amend the standards in effect for refrigerators, 
refrigerator-freezers, and freezers manufactured on or after 
January 1, 2014. 
‘‘(B) AMENDED STANDARDS.—The final rule shall con-
tain any amended standards.’’. 
(b) ENERGY STAR.—Section 324A(d)(2) of the Energy Policy 
and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking 
‘‘January 1, 2010’’ and inserting ‘‘July 1, 2009’’. 
SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS. 
(a) DEFINITIONS.—Section 340 of the Energy Policy and Con-
servation Act (42 U.S.C. 6311) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (G) through (K) 
as subparagraphs (H) through (L), respectively; and 
(B) by inserting after subparagraph (F) the following: 
‘‘(G) Walk-in coolers and walk-in freezers.’’; 
(2) by redesignating paragraphs (20) and (21) as paragraphs 
(21) and (22), respectively; and 
(3) by inserting after paragraph (19) the following: 
‘‘(20) WALK-IN COOLER; WALK-IN FREEZER.— 
‘‘(A) IN GENERAL.—The terms ‘walk-in cooler’ and ‘walk- 
in freezer’ mean an enclosed storage space refrigerated 
to temperatures, respectively, above, and at or below 32 
degrees Fahrenheit that can be walked into, and has a 
total chilled storage area of less than 3,000 square feet. 
‘‘(B) EXCLUSION.—The terms ‘walk-in cooler’ and ‘walk- 
in freezer’ do not include products designed and marketed 
exclusively for medical, scientific, or research purposes.’’. 
(b) STANDARDS.—Section 342 of the Energy Policy and Con-
servation Act (42 U.S.C. 6313) is amended by adding at the end 
the following: 
‘‘(f) WALK-IN COOLERS AND WALK-IN FREEZERS.— 
Deadline. 
Regulations. 
Deadline. 
Regulations. 
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121 STAT. 1565 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) through (5), 
each walk-in cooler or walk-in freezer manufactured on or 
after January 1, 2009, shall— 
‘‘(A) have automatic door closers that firmly close all 
walk-in doors that have been closed to within 1 inch of 
full closure, except that this subparagraph shall not apply 
to doors wider than 3 feet 9 inches or taller than 7 feet; 
‘‘(B) have strip doors, spring hinged doors, or other 
method of minimizing infiltration when doors are open; 
‘‘(C) contain wall, ceiling, and door insulation of at 
least R–25 for coolers and R–32 for freezers, except that 
this subparagraph shall not apply to glazed portions of 
doors nor to structural members; 
‘‘(D) contain floor insulation of at least R–28 for 
freezers; 
‘‘(E) for evaporator fan motors of under 1 horsepower 
and less than 460 volts, use— 
‘‘(i) electronically commutated motors (brushless 
direct current motors); or 
‘‘(ii) 3-phase motors; 
‘‘(F) for condenser fan motors of under 1 horsepower, 
use— 
‘‘(i) electronically commutated motors; 
‘‘(ii) permanent split capacitor-type motors; or 
‘‘(iii) 3-phase motors; and 
‘‘(G) for all interior lights, use light sources with an 
efficacy of 40 lumens per watt or more, including ballast 
losses (if any), except that light sources with an efficacy 
of 40 lumens per watt or less, including ballast losses 
(if any), may be used in conjunction with a timer or device 
that turns off the lights within 15 minutes of when the 
walk-in cooler or walk-in freezer is not occupied by people. 
‘‘(2) ELECTRONICALLY COMMUTATED MOTORS.— 
‘‘(A) IN
GENERAL.—The requirements of paragraph 
(1)(E)(i) for electronically commutated motors shall take 
effect January 1, 2009, unless, prior to that date, the Sec-
retary determines that such motors are only available from 
1 manufacturer. 
‘‘(B) OTHER TYPES OF MOTORS.—In carrying out para-
graph (1)(E)(i) and subparagraph (A), the Secretary may 
allow other types of motors if the Secretary determines 
that, on average, those other motors use no more energy 
in evaporator fan applications than electronically com-
mutated motors. 
‘‘(C) MAXIMUM ENERGY CONSUMPTION LEVEL.—The Sec-
retary shall establish the maximum energy consumption 
level under subparagraph (B) not later than January 1, 
2010. 
‘‘(3) ADDITIONAL SPECIFICATIONS.—Each walk-in cooler or 
walk-in freezer with transparent reach-in doors manufactured 
on or after January 1, 2009, shall also meet the following 
specifications: 
‘‘(A) Transparent reach-in doors for walk-in freezers 
and windows in walk-in freezer doors shall be of triple- 
pane glass with either heat-reflective treated glass or gas 
fill. 
Deadline. 
Effective date. 
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121 STAT. 1566 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) Transparent reach-in doors for walk-in coolers 
and windows in walk-in cooler doors shall be— 
‘‘(i) double-pane glass with heat-reflective treated 
glass and gas fill; or 
‘‘(ii) triple-pane glass with either heat-reflective 
treated glass or gas fill. 
‘‘(C) If the appliance has an antisweat heater without 
antisweat heat controls, the appliance shall have a total 
door rail, glass, and frame heater power draw of not more 
than 7.1 watts per square foot of door opening (for freezers) 
and 3.0 watts per square foot of door opening (for coolers). 
‘‘(D) If the appliance has an antisweat heater with 
antisweat heat controls, and the total door rail, glass, and 
frame heater power draw is more than 7.1 watts per square 
foot of door opening (for freezers) and 3.0 watts per square 
foot of door opening (for coolers), the antisweat heat con-
trols shall reduce the energy use of the antisweat heater 
in a quantity corresponding to the relative humidity in 
the air outside the door or to the condensation on the 
inner glass pane. 
‘‘(4) PERFORMANCE-BASED STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2012, 
the Secretary shall publish performance-based standards 
for walk-in coolers and walk-in freezers that achieve the 
maximum improvement in energy that the Secretary deter-
mines is technologically feasible and economically justified. 
‘‘(B) APPLICATION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the standards shall apply to products described 
in subparagraph (A) that are manufactured beginning 
on the date that is 3 years after the final rule is 
published. 
‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary 
determines, by rule, that a 3-year period is inadequate, 
the Secretary may establish an effective date for prod-
ucts manufactured beginning on the date that is not 
more than 5 years after the date of publication of 
a final rule for the products. 
‘‘(5) AMENDMENT OF STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2020, 
the Secretary shall publish a final rule to determine if 
the standards established under paragraph (4) should be 
amended. 
‘‘(B) APPLICATION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the rule shall provide that the standards shall 
apply to products manufactured beginning on the date 
that is 3 years after the final rule is published. 
‘‘(ii) DELAYED EFFECTIVE DATE.—If the Secretary 
determines, by rule, that a 3-year period is inadequate, 
the Secretary may establish an effective date for prod-
ucts manufactured beginning on the date that is not 
more than 5 years after the date of publication of 
a final rule for the products.’’. 
(c) TEST PROCEDURES.—Section 343(a) of the Energy Policy 
and Conservation Act (42 U.S.C. 6314(a)) is amended by adding 
at the end the following: 
Deadline. 
Publication. 
Regulations. 
Deadline. 
Publication. 
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121 STAT. 1567 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(9) WALK-IN COOLERS AND WALK-IN FREEZERS.— 
‘‘(A) IN GENERAL.—For the purpose of test procedures 
for walk-in coolers and walk-in freezers: 
‘‘(i) The R value shall be the 1/K factor multiplied 
by the thickness of the panel. 
‘‘(ii) The K factor shall be based on ASTM test 
procedure C518–2004. 
‘‘(iii) For calculating the R value for freezers, the 
K factor of the foam at 20°F (average foam tempera-
ture) shall be used. 
‘‘(iv) For calculating the R value for coolers, the 
K factor of the foam at 55°F (average foam tempera-
ture) shall be used. 
‘‘(B) TEST PROCEDURE.— 
‘‘(i) IN GENERAL.—Not later than January 1, 2010, 
the Secretary shall establish a test procedure to 
measure the energy-use of walk-in coolers and walk- 
in freezers. 
‘‘(ii) COMPUTER
MODELING.—The test procedure 
may be based on computer modeling, if the computer 
model or models have been verified using the results 
of laboratory tests on a significant sample of walk- 
in coolers and walk-in freezers.’’. 
(d) LABELING.—Section 344(e) of the Energy Policy and Con-
servation Act (42 U.S.C. 6315(e)) is amended by inserting ‘‘walk- 
in coolers and walk-in freezers,’’ after ‘‘commercial clothes washers,’’ 
each place it appears. 
(e) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMP-
TION.—Section 345 of the Energy Policy and Conservation Act (42 
U.S.C. 6316) is amended— 
(1) by striking ‘‘subparagraphs (B), (C), (D), (E), and (F)’’ 
each place it appears and inserting ‘‘subparagraphs (B) through 
(G)’’; and 
(2) by adding at the end the following: 
‘‘(h) WALK-IN COOLERS AND WALK-IN FREEZERS.— 
‘‘(1) COVERED TYPES.— 
‘‘(A) RELATIONSHIP TO OTHER LAW.— 
‘‘(i) IN
GENERAL.—Except as otherwise provided 
in this subsection, section 327 shall apply to walk- 
in coolers and walk-in freezers for which standards 
have been established under paragraphs (1), (2), and 
(3) of section 342(f) to the same extent and in the 
same manner as the section applies under part A on 
the date of enactment of this subsection. 
‘‘(ii) STATE STANDARDS.—Any State standard pre-
scribed before the date of enactment of this subsection 
shall not be preempted until the standards established 
under paragraphs (1) and (2) of section 342(f) take 
effect. 
‘‘(B) ADMINISTRATION.—In applying section 327 to 
equipment under subparagraph (A), paragraphs (1), (2), 
and (3) of subsection (a) shall apply. 
‘‘(2) FINAL RULE NOT TIMELY.— 
‘‘(A) IN GENERAL.—If the Secretary does not issue a 
final rule for a specific type of walk-in cooler or walk- 
in freezer within the timeframe established under para-
graph (4) or (5) of section 342(f), subsections (b) and (c) 
Applicability. 
Applicability. 
Deadline. 
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121 STAT. 1568 
PUBLIC LAW 110–140—DEC. 19, 2007 
of section 327 shall no longer apply to the specific type 
of walk-in cooler or walk-in freezer during the period— 
‘‘(i) beginning on the day after the scheduled date 
for a final rule; and 
‘‘(ii) ending on the date on which the Secretary 
publishes a final rule covering the specific type of 
walk-in cooler or walk-in freezer. 
‘‘(B) STATE
STANDARDS.—Any State standard issued 
before the publication of the final rule shall not be pre-
empted until the standards established in the final rule 
take effect. 
‘‘(3) CALIFORNIA.—Any standard issued in the State of Cali-
fornia before January 1, 2011, under title 20 of the California 
Code of Regulations, that refers to walk-in coolers and walk- 
in freezers, for which standards have been established under 
paragraphs (1), (2), and (3) of section 342(f), shall not be pre-
empted until the standards established under section 342(f)(3) 
take effect.’’. 
SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS. 
(a) DEFINITIONS.—Section 340(13) of the Energy Policy and 
Conservation Act (42 U.S.C. 6311(13)) is amended— 
(1) by redesignating subparagraphs (B) through (H) as 
subparagraphs (C) through (I), respectively; and 
(2) by striking ‘‘(13)(A)’’ and all that follows through the 
end of subparagraph (A) and inserting the following: 
‘‘(13) ELECTRIC MOTOR.— 
‘‘(A) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I).— 
The term ‘general purpose electric motor (subtype I)’ means 
any motor that meets the definition of ‘General Purpose’ 
as established in the final rule issued by the Department 
of Energy entitled ‘Energy Efficiency Program for Certain 
Commercial and Industrial Equipment: Test Procedures, 
Labeling, and Certification Requirements for Electric 
Motors’ (10 CFR 431), as in effect on the date of enactment 
of the Energy Independence and Security Act of 2007. 
‘‘(B) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II).— 
The term ‘general purpose electric motor (subtype II)’ 
means motors incorporating the design elements of a gen-
eral purpose electric motor (subtype I) that are configured 
as 1 of the following: 
‘‘(i) A U-Frame Motor. 
‘‘(ii) A Design C Motor. 
‘‘(iii) A close-coupled pump motor. 
‘‘(iv) A Footless motor. 
‘‘(v) A vertical solid shaft normal thrust motor 
(as tested in a horizontal configuration). 
‘‘(vi) An 8-pole motor (900 rpm). 
‘‘(vii) A poly-phase motor with voltage of not more 
than 600 volts (other than 230 or 460 volts.’’. 
(b) STANDARDS.— 
(1) AMENDMENTS.—Section 342(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(b)) is amended— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the following: 
‘‘(2) ELECTRIC MOTORS.— 
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121 STAT. 1569 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE I).— 
Except as provided in subparagraph (B), each general pur-
pose electric motor (subtype I) with a power rating of 
1 horsepower or greater, but not greater than 200 horse-
power, manufactured (alone or as a component of another 
piece of equipment) after the 3-year period beginning on 
the date of enactment of the Energy Independence and 
Security Act of 2007, shall have a nominal full load effi-
ciency that is not less than as defined in NEMA MG– 
1 (2006) Table 12–12. 
‘‘(B) FIRE PUMP MOTORS.—Each fire pump motor manu-
factured (alone or as a component of another piece of equip-
ment) after the 3-year period beginning on the date of 
enactment of the Energy Independence and Security Act 
of 2007 shall have nominal full load efficiency that is 
not less than as defined in NEMA MG–1 (2006) Table 
12–11. 
‘‘(C) GENERAL
PURPOSE
ELECTRIC
MOTORS
(SUBTYPE 
II).—Each general purpose electric motor (subtype II) with 
a power rating of 1 horsepower or greater, but not greater 
than 200 horsepower, manufactured (alone or as a compo-
nent of another piece of equipment) after the 3-year period 
beginning on the date of enactment of the Energy Independ-
ence and Security Act of 2007, shall have a nominal full 
load efficiency that is not less than as defined in NEMA 
MG–1 (2006) Table 12–11. 
‘‘(D) NEMA DESIGN
B, GENERAL
PURPOSE
ELECTRIC 
MOTORS.—Each NEMA Design B, general purpose electric 
motor with a power rating of more than 200 horsepower, 
but not greater than 500 horsepower, manufactured (alone 
or as a component of another piece of equipment) after 
the 3-year period beginning on the date of enactment of 
the Energy Independence and Security Act of 2007, shall 
have a nominal full load efficiency that is not less than 
as defined in NEMA MG–1 (2006) Table 12–11.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) take effect on the date that is 3 years after the date 
of enactment of this Act. 
SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDI-
TIONERS AND HEAT PUMPS. 
(a) DEFINITIONS.—Section 340 of the Energy Policy and Con-
servation Act (42 U.S.C. 6311) is amended by adding at the end 
the following: 
‘‘(22) SINGLE
PACKAGE
VERTICAL
AIR
CONDITIONER.—The 
term ‘single package vertical air conditioner’ means air-cooled 
commercial package air conditioning and heating equipment 
that— 
‘‘(A) is factory-assembled as a single package that— 
‘‘(i) has major components that are arranged 
vertically; 
‘‘(ii) is an encased combination of cooling and 
optional heating components; and 
‘‘(iii) is intended for exterior mounting on, adjacent 
interior to, or through an outside wall; 
‘‘(B) is powered by a single- or 3-phase current; 
42 USC 6313 
note. 
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121 STAT. 1570 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(C) may contain 1 or more separate indoor grilles, 
outdoor louvers, various ventilation options, indoor free 
air discharges, ductwork, well plenum, or sleeves; and 
‘‘(D) has heating components that may include elec-
trical resistance, steam, hot water, or gas, but may not 
include reverse cycle refrigeration as a heating means. 
‘‘(23) SINGLE
PACKAGE
VERTICAL
HEAT
PUMP.—The term 
‘single package vertical heat pump’ means a single package 
vertical air conditioner that— 
‘‘(A) uses reverse cycle refrigeration as its primary 
heat source; and 
‘‘(B) may include secondary supplemental heating by 
means of electrical resistance, steam, hot water, or gas.’’. 
(b) STANDARDS.—Section 342(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6313(a)) is amended— 
(1) in the first sentence of each of paragraphs (1) and 
(2), by inserting ‘‘(including single package vertical air condi-
tioners and single package vertical heat pumps)’’ after ‘‘heating 
equipment’’ each place it appears; 
(2) in paragraph (1), by striking ‘‘but before January 1, 
2010,’’; 
(3) in the first sentence of each of paragraphs (7), (8), 
and (9), by inserting ‘‘(other than single package vertical air 
conditioners and single package vertical heat pumps)’’ after 
‘‘heating equipment’’ each place it appears; 
(4) in paragraph (7)— 
(A) by striking ‘‘manufactured on or after January 
1, 2010,’’; 
(B) in each of subparagraphs (A), (B), and (C), by 
striking ‘‘The’’ and inserting ‘‘For equipment manufactured 
on or after January 1, 2010, the’’; and 
(C) by adding at the end the following: 
‘‘(D) For equipment manufactured on or after the later 
of January 1, 2008, or the date that is 180 days after the 
date of enactment of the Energy Independence and Security 
Act of 2007— 
‘‘(i) the minimum seasonal energy efficiency ratio of 
air-cooled 3-phase electric central air conditioners and cen-
tral air conditioning heat pumps less than 65,000 Btu 
per hour (cooling capacity), split systems, shall be 13.0; 
‘‘(ii) the minimum seasonal energy efficiency ratio of 
air-cooled 3-phase electric central air conditioners and cen-
tral air conditioning heat pumps less than 65,000 Btu 
per hour (cooling capacity), single package, shall be 13.0; 
‘‘(iii) the minimum heating seasonal performance factor 
of air-cooled 3-phase electric central air conditioning heat 
pumps less than 65,000 Btu per hour (cooling capacity), 
split systems, shall be 7.7; and 
‘‘(iv) the minimum heating seasonal performance factor 
of air-cooled 3-phase electric central air conditioning heat 
pumps less than 65,000 Btu per hour (cooling capacity), 
single package, shall be 7.7.’’; and 
(5) by adding at the end the following: 
‘‘(10) SINGLE
PACKAGE
VERTICAL
AIR
CONDITIONERS
AND 
SINGLE PACKAGE VERTICAL HEAT PUMPS.— 
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121 STAT. 1571 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) IN GENERAL.—Single package vertical air condi-
tioners and single package vertical heat pumps manufac-
tured on or after January 1, 2010, shall meet the following 
standards: 
‘‘(i) The minimum energy efficiency ratio of single 
package vertical air conditioners less than 65,000 Btu 
per hour (cooling capacity), single-phase, shall be 9.0. 
‘‘(ii) The minimum energy efficiency ratio of single 
package vertical air conditioners less than 65,000 Btu 
per hour (cooling capacity), 3-phase, shall be 9.0. 
‘‘(iii) The minimum energy efficiency ratio of single 
package vertical air conditioners at or above 65,000 
Btu per hour (cooling capacity) but less than 135,000 
Btu per hour (cooling capacity), shall be 8.9. 
‘‘(iv) The minimum energy efficiency ratio of single 
package vertical air conditioners at or above 135,000 
Btu per hour (cooling capacity) but less than 240,000 
Btu per hour (cooling capacity), shall be 8.6. 
‘‘(v) The minimum energy efficiency ratio of single 
package vertical heat pumps less than 65,000 Btu per 
hour (cooling capacity), single-phase, shall be 9.0 and 
the minimum coefficient of performance in the heating 
mode shall be 3.0. 
‘‘(vi) The minimum energy efficiency ratio of single 
package vertical heat pumps less than 65,000 Btu per 
hour (cooling capacity), 3-phase, shall be 9.0 and the 
minimum coefficient of performance in the heating 
mode shall be 3.0. 
‘‘(vii) The minimum energy efficiency ratio of single 
package vertical heat pumps at or above 65,000 Btu 
per hour (cooling capacity) but less than 135,000 Btu 
per hour (cooling capacity), shall be 8.9 and the min-
imum coefficient of performance in the heating mode 
shall be 3.0. 
‘‘(viii) The minimum energy efficiency ratio of 
single package vertical heat pumps at or above 135,000 
Btu per hour (cooling capacity) but less than 240,000 
Btu per hour (cooling capacity), shall be 8.6 and the 
minimum coefficient of performance in the heating 
mode shall be 2.9. 
‘‘(B) REVIEW.—Not later than 3 years after the date 
of enactment of this paragraph, the Secretary shall review 
the most recently published ASHRAE/IES Standard 90.1 
with respect to single package vertical air conditioners 
and single package vertical heat pumps in accordance with 
the procedures established under paragraph (6).’’. 
SEC. 315. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND 
BUILDINGS IN COLD CLIMATES. 
(a) RESEARCH.—Section 911(a)(2) of the Energy Policy Act of 
2005 (42 U.S.C. 16191(a)(2)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at the end; 
(2) in subparagraph (D), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) technologies to improve the energy efficiency of 
appliances and mechanical systems for buildings in cold 
Deadline. 
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121 STAT. 1572 
PUBLIC LAW 110–140—DEC. 19, 2007 
climates, including combined heat and power units and 
increased use of renewable resources, including fuel.’’. 
(b) REBATES.—Section 124 of the Energy Policy Act of 2005 
(42 U.S.C. 15821) is amended— 
(1) in subsection (b)(1), by inserting ‘‘, or products with 
improved energy efficiency in cold climates,’’ after ‘‘residential 
Energy Star products’’; and 
(2) in subsection (e), by inserting ‘‘or product with improved 
energy efficiency in a cold climate’’ after ‘‘residential Energy 
Star product’’ each place it appears. 
SEC. 316. TECHNICAL CORRECTIONS. 
(a) DEFINITION OF F96T12 LAMP.— 
(1) IN
GENERAL.—Section 135(a)(1)(A)(ii) of the Energy 
Policy Act of 2005 (Public Law 109–58; 119 Stat. 624) is 
amended by striking ‘‘C78.1–1978 (R1984)’’ and inserting 
‘‘C78.3–1978 (R1984)’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) takes effect on August 8, 2005. 
(b) DEFINITION OF FLUORESCENT LAMP.—Section 321(30)(B)(viii) 
of 
the 
Energy 
Policy 
and 
Conservation 
Act 
(42 
U.S.C. 
6291(30)(B)(viii)) is amended by striking ‘‘82’’ and inserting ‘‘87’’. 
(c) MERCURY VAPOR LAMP BALLASTS.— 
(1) DEFINITIONS.—Section 321 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291) (as amended by section 
301(a)(2)) is amended— 
(A) by striking paragraphs (46) through (48) and 
inserting the following: 
‘‘(46) HIGH INTENSITY DISCHARGE LAMP.— 
‘‘(A) IN GENERAL.—The term ‘high intensity discharge 
lamp’ means an electric-discharge lamp in which— 
‘‘(i) the light-producing arc is stabilized by the 
arc tube wall temperature; and 
‘‘(ii) the arc tube wall loading is in excess of 3 
Watts/cm2. 
‘‘(B) INCLUSIONS.—The term ‘high intensity discharge 
lamp’ includes mercury vapor, metal halide, and high-pres-
sure sodium lamps described in subparagraph (A). 
‘‘(47) MERCURY VAPOR LAMP.— 
‘‘(A) IN
GENERAL.—The term ‘mercury vapor lamp’ 
means a high intensity discharge lamp in which the major 
portion of the light is produced by radiation from mercury 
typically operating at a partial vapor pressure in excess 
of 100,000 Pa (approximately 1 atm). 
‘‘(B) INCLUSIONS.—The term ‘mercury vapor lamp’ 
includes clear, phosphor-coated, and self-ballasted screw 
base lamps described in subparagraph (A). 
‘‘(48) MERCURY VAPOR LAMP BALLAST.—The term ‘mercury 
vapor lamp ballast’ means a device that is designed and mar-
keted to start and operate mercury vapor lamps intended for 
general illumination by providing the necessary voltage and 
current.’’; and 
(B) by adding at the end the following: 
‘‘(53) SPECIALTY APPLICATION MERCURY VAPOR LAMP BAL-
LAST.—The term ‘specialty application mercury vapor lamp bal-
last’ means a mercury vapor lamp ballast that— 
42 USC 6291 
note. 
42 USC 6291. 
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121 STAT. 1573 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) is designed and marketed for operation of mercury 
vapor lamps used in quality inspection, industrial proc-
essing, or scientific use, including fluorescent microscopy 
and ultraviolet curing; and 
‘‘(B) in the case of a specialty application mercury 
vapor lamp ballast, the label of which— 
‘‘(i) provides that the specialty application mercury 
vapor lamp ballast is ‘For specialty applications only, 
not for general illumination’; and 
‘‘(ii) specifies the specific applications for which 
the ballast is designed.’’. 
(2) STANDARD SETTING AUTHORITY.—Section 325(ee) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is 
amended by inserting ‘‘(other than specialty application mer-
cury vapor lamp ballasts)’’ after ‘‘ballasts’’. 
(d) ENERGY CONSERVATION STANDARDS.—Section 325 of the 
Energy Policy and Conservation Act (42 U.S.C. 6295) is amended— 
(1) in subsection (v)— 
(A) in the subsection heading, by striking ‘‘CEILING 
FANS AND’’; 
(B) by striking paragraph (1); and 
(C) by redesignating paragraphs (2) through (4) as 
paragraphs (1) through (3), respectively; and 
(2) in subsection (ff)— 
(A) in paragraph (1)(A)— 
(i) by striking clause (iii); 
(ii) by redesignating clause (iv) as clause (iii); and 
(iii) in clause (iii)(II) (as so redesignated), by 
inserting ‘‘fans sold for’’ before ‘‘outdoor’’; and 
(B) in paragraph (4)(C)— 
(i) in the matter preceding clause (i), by striking 
‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (A)’’; 
and 
(ii) by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii) shall be packaged with lamps to fill all sockets.’’; 
(C) in paragraph (6), by redesignating subparagraphs 
(C) and (D) as clauses (i) and (ii), respectively, of subpara-
graph (B); and 
(D) in paragraph (7), by striking ‘‘327’’ the second 
place it appears and inserting ‘‘324’’. 
Subtitle B—Lighting Energy Efficiency 
SEC. 321. EFFICIENT LIGHT BULBS. 
(a) ENERGY EFFICIENCY STANDARDS
FOR GENERAL SERVICE 
INCANDESCENT LAMPS.— 
(1) DEFINITION OF GENERAL SERVICE INCANDESCENT LAMP.— 
Section 321(30) of the Energy Policy and Conservation Act 
(42 U.S.C. 6291(30)) is amended— 
(A) by striking subparagraph (D) and inserting the 
following: 
‘‘(D) GENERAL SERVICE INCANDESCENT LAMP.— 
‘‘(i) IN
GENERAL.—The term ‘general service 
incandescent lamp’ means a standard incandescent or 
halogen type lamp that— 
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121 STAT. 1574 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(I) is intended for general service applica-
tions; 
‘‘(II) has a medium screw base; 
‘‘(III) has a lumen range of not less than 310 
lumens and not more than 2,600 lumens; and 
‘‘(IV) is capable of being operated at a voltage 
range at least partially within 110 and 130 volts. 
‘‘(ii) EXCLUSIONS.—The term ‘general service 
incandescent lamp’ does not include the following 
incandescent lamps: 
‘‘(I) An appliance lamp. 
‘‘(II) A black light lamp. 
‘‘(III) A bug lamp. 
‘‘(IV) A colored lamp. 
‘‘(V) An infrared lamp. 
‘‘(VI) A left-hand thread lamp. 
‘‘(VII) A marine lamp. 
‘‘(VIII) A marine signal service lamp. 
‘‘(IX) A mine service lamp. 
‘‘(X) A plant light lamp. 
‘‘(XI) A reflector lamp. 
‘‘(XII) A rough service lamp. 
‘‘(XIII) A shatter-resistant lamp (including a 
shatter-proof lamp and a shatter-protected lamp). 
‘‘(XIV) A sign service lamp. 
‘‘(XV) A silver bowl lamp. 
‘‘(XVI) A showcase lamp. 
‘‘(XVII) A 3-way incandescent lamp. 
‘‘(XVIII) A traffic signal lamp. 
‘‘(XIX) A vibration service lamp. 
‘‘(XX) A G shape lamp (as defined in ANSI 
C78.20–2003 and C79.1–2002 with a diameter of 
5 inches or more. 
‘‘(XXI) A T shape lamp (as defined in ANSI 
C78.20–2003 and C79.1–2002) and that uses not 
more than 40 watts or has a length of more than 
10 inches. 
‘‘(XXII) A B, BA, CA, F, G16–1/2, G–25, G30, 
S, or M–14 lamp (as defined in ANSI C79.1–2002 
and ANSI C78.20–2003) of 40 watts or less.’’; and 
(B) by adding at the end the following: 
‘‘(T) APPLIANCE
LAMP.—The term ‘appliance lamp’ 
means any lamp that— 
‘‘(i) is specifically designed to operate in a house-
hold appliance, has a maximum wattage of 40 watts, 
and is sold at retail, including an oven lamp, refrig-
erator lamp, and vacuum cleaner lamp; and 
‘‘(ii) is designated and marketed for the intended 
application, with— 
‘‘(I) the designation on the lamp packaging; 
and 
‘‘(II) marketing materials that identify the 
lamp as being for appliance use. 
‘‘(U) CANDELABRA
BASE
INCANDESCENT
LAMP.—The 
term ‘candelabra base incandescent lamp’ means a lamp 
that uses candelabra screw base as described in ANSI 
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121 STAT. 1575 
PUBLIC LAW 110–140—DEC. 19, 2007 
C81.61–2006, Specifications for Electric Bases, common 
designations E11 and E12. 
‘‘(V) INTERMEDIATE
BASE
INCANDESCENT
LAMP.—The 
term ‘intermediate base incandescent lamp’ means a lamp 
that uses an intermediate screw base as described in ANSI 
C81.61–2006, Specifications for Electric Bases, common 
designation E17. 
‘‘(W) MODIFIED SPECTRUM.—The term ‘modified spec-
trum’ means, with respect to an incandescent lamp, an 
incandescent lamp that— 
‘‘(i) is not a colored incandescent lamp; and 
‘‘(ii) when operated at the rated voltage and watt-
age of the incandescent lamp— 
‘‘(I) has a color point with (x,y) chromaticity 
coordinates on the Commission Internationale de 
l’Eclairage (C.I.E.) 1931 chromaticity diagram that 
lies below the black-body locus; and 
‘‘(II) has a color point with (x,y) chromaticity 
coordinates on the C.I.E. 1931 chromaticity dia-
gram that lies at least 4 MacAdam steps (as ref-
erenced in IESNA LM16) distant from the color 
point of a clear lamp with the same filament and 
bulb shape, operated at the same rated voltage 
and wattage. 
‘‘(X) ROUGH SERVICE LAMP.—The term ‘rough service 
lamp’ means a lamp that— 
‘‘(i) has a minimum of 5 supports with filament 
configurations that are C–7A, C–11, C–17, and C– 
22 as listed in Figure 6–12 of the 9th edition of the 
IESNA Lighting handbook, or similar configurations 
where lead wires are not counted as supports; and 
‘‘(ii) is designated and marketed specifically for 
‘rough service’ applications, with— 
‘‘(I) the designation appearing on the lamp 
packaging; and 
‘‘(II) marketing materials that identify the 
lamp as being for rough service. 
‘‘(Y) 3-WAY
INCANDESCENT
LAMP.—The term ‘3-way 
incandescent lamp’ includes an incandescent lamp that— 
‘‘(i) employs 2 filaments, operated separately and 
in combination, to provide 3 light levels; and 
‘‘(ii) is designated on the lamp packaging and mar-
keting materials as being a 3-way incandescent lamp. 
‘‘(Z) SHATTER-RESISTANT LAMP, SHATTER-PROOF LAMP, 
OR SHATTER-PROTECTED LAMP.—The terms ‘shatter-resist-
ant lamp’, ‘shatter-proof lamp’, and ‘shatter-protected lamp’ 
mean a lamp that— 
‘‘(i) has a coating or equivalent technology that 
is compliant with NSF/ANSI 51 and is designed to 
contain the glass if the glass envelope of the lamp 
is broken; and 
‘‘(ii) is designated and marketed for the intended 
application, with— 
‘‘(I) the designation on the lamp packaging; 
and 
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121 STAT. 1576 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(II) marketing materials that identify the 
lamp as being shatter-resistant, shatter-proof, or 
shatter-protected. 
‘‘(AA) VIBRATION SERVICE LAMP.—The term ‘vibration 
service lamp’ means a lamp that— 
‘‘(i) has filament configurations that are C–5, C– 
7A, or C–9, as listed in Figure 6–12 of the 9th Edition 
of the IESNA Lighting Handbook or similar configura-
tions; 
‘‘(ii) has a maximum wattage of 60 watts; 
‘‘(iii) is sold at retail in packages of 2 lamps or 
less; and 
‘‘(iv) is designated and marketed specifically for 
vibration service or vibration-resistant applications, 
with— 
‘‘(I) the designation appearing on the lamp 
packaging; and 
‘‘(II) marketing materials that identify the 
lamp as being vibration service only. 
‘‘(BB) GENERAL SERVICE LAMP.— 
‘‘(i) IN GENERAL.—The term ‘general service lamp’ 
includes— 
‘‘(I) general service incandescent lamps; 
‘‘(II) compact fluorescent lamps; 
‘‘(III) general service light-emitting diode (LED 
or OLED) lamps; and 
‘‘(IV) any other lamps that the Secretary deter-
mines are used to satisfy lighting applications 
traditionally served by general service incandes-
cent lamps. 
‘‘(ii) EXCLUSIONS.—The term ‘general service lamp’ 
does not include— 
‘‘(I) any lighting application or bulb shape 
described in any of subclauses (I) through (XXII) 
of subparagraph (D)(ii); or 
‘‘(II) any general service fluorescent lamp or 
incandescent reflector lamp. 
‘‘(CC) LIGHT-EMITTING DIODE; LED.— 
‘‘(i) IN GENERAL.—The terms ‘light-emitting diode’ 
and ‘LED’ means a p-n junction solid state device the 
radiated output of which is a function of the physical 
construction, material used, and exciting current of 
the device. 
‘‘(ii) OUTPUT.—The output of a light-emitting diode 
may be in— 
‘‘(I) the infrared region; 
‘‘(II) the visible region; or 
‘‘(III) the ultraviolet region. 
‘‘(DD) ORGANIC
LIGHT-EMITTING
DIODE; OLED.—The 
terms ‘organic light-emitting diode’ and ‘OLED’ mean a 
thin-film light-emitting device that typically consists of a 
series of organic layers between 2 electrical contacts (elec-
trodes). 
‘‘(EE) COLORED INCANDESCENT LAMP.—The term ‘col-
ored incandescent lamp’ means an incandescent lamp des-
ignated and marketed as a colored lamp that has— 
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121 STAT. 1577 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) a color rendering index of less than 50, as 
determined according to the test method given in C.I.E. 
publication 13.3–1995; or 
‘‘(ii) a correlated color temperature of less than 
2,500K, or greater than 4,600K, where correlated 
temperature is computed according to the Journal of 
Optical Society of America, Vol. 58, pages 1528–1595 
(1986).’’. 
(2) COVERAGE.—Section 322(a)(14) of the Energy Policy 
and Conservation Act (42 U.S.C. 6292(a)(14)) is amended by 
inserting ‘‘, general service incandescent lamps,’’ after ‘‘fluores-
cent lamps’’. 
(3) ENERGY CONSERVATION STANDARDS.—Section 325 of the 
Energy Policy and Conservation Act (42 U.S.C. 6295) is 
amended— 
(A) in subsection (i)— 
(i) in the section heading, by inserting ‘‘, GENERAL 
SERVICE INCANDESCENT LAMPS, INTERMEDIATE BASE 
INCANDESCENT LAMPS, CANDELABRA BASE INCANDES-
CENT LAMPS,’’ after ‘‘FLUORESCENT LAMPS’’; 
(ii) in paragraph (1)— 
(I) in subparagraph (A)— 
(aa) by 
inserting 
‘‘, 
general 
service 
incandescent 
lamps, 
intermediate 
base 
incandescent lamps, candelabra base incandes-
cent lamps,’’ after ‘‘fluorescent lamps’’; 
(bb) by inserting ‘‘, new maximum watt-
age,’’ after ‘‘lamp efficacy’’; and 
(cc) by inserting after the table entitled 
‘‘INCANDESCENT
REFLECTOR
LAMPS’’ the fol-
lowing: 
‘‘GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rate 
Wattage 
Minimum 
Rate Life-
time 
Effective 
Date 
1490–2600 
72 
1,000 hrs 
1/1/2012 
1050–1489 
53 
1,000 hrs 
1/1/2013 
750–1049 
43 
1,000 hrs 
1/1/2014 
310–749 
29 
1,000 hrs 
1/1/2014 
‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rate 
Wattage 
Minimum 
Rate Life-
time 
Effective 
Date 
1118–1950 
72 
1,000 hrs 
1/1/2012
788–1117 
53 
1,000 hrs 
1/1/2013
563–787 
43 
1,000 hrs 
1/1/2014
232–562 
29 
1,000 hrs 
1/1/2014’’; 
and 
(II) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) APPLICATION.— 
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121 STAT. 1578 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) APPLICATION
CRITERIA.—This subparagraph 
applies to each lamp that— 
‘‘(I) is intended for a general service or general 
illumination application (whether incandescent or 
not); 
‘‘(II) has a medium screw base or any other 
screw base not defined in ANSI C81.61–2006; 
‘‘(III) is capable of being operated at a voltage 
at least partially within the range of 110 to 130 
volts; and 
‘‘(IV) is manufactured or imported after 
December 31, 2011. 
‘‘(ii) REQUIREMENT.—For purposes of this para-
graph, each lamp described in clause (i) shall have 
a color rendering index that is greater than or equal 
to— 
‘‘(I) 80 for nonmodified spectrum lamps; or 
‘‘(II) 75 for modified spectrum lamps. 
‘‘(C) CANDELABRA
INCANDESCENT
LAMPS
AND
INTER-
MEDIATE BASE INCANDESCENT LAMPS.— 
‘‘(i) CANDELABRA BASE INCANDESCENT LAMPS.—A 
candelabra base incandescent lamp shall not exceed 
60 rated watts. 
‘‘(ii) INTERMEDIATE BASE INCANDESCENT LAMPS.— 
An intermediate base incandescent lamp shall not 
exceed 40 rated watts. 
‘‘(D) EXEMPTIONS.— 
‘‘(i) PETITION.—Any person may petition the Sec-
retary for an exemption for a type of general service 
lamp from the requirements of this subsection. 
‘‘(ii) CRITERIA.—The Secretary may grant an 
exemption under clause (i) only to the extent that 
the Secretary finds, after a hearing and opportunity 
for public comment, that it is not technically feasible 
to serve a specialized lighting application (such as 
a military, medical, public safety, or certified historic 
lighting application) using a lamp that meets the 
requirements of this subsection. 
‘‘(iii) ADDITIONAL CRITERION.—To grant an exemp-
tion for a product under this subparagraph, the Sec-
retary shall include, as an additional criterion, that 
the exempted product is unlikely to be used in a gen-
eral service lighting application. 
‘‘(E) EXTENSION OF COVERAGE.— 
‘‘(i) PETITION.—Any person may petition the Sec-
retary to establish standards for lamp shapes or bases 
that are excluded from the definition of general service 
lamps. 
‘‘(ii) INCREASED SALES OF EXEMPTED LAMPS.—The 
petition shall include evidence that the availability 
or sales of exempted incandescent lamps have 
increased significantly since the date on which the 
standards on general service incandescent lamps were 
established. 
‘‘(iii) CRITERIA.—The Secretary shall grant a peti-
tion under clause (i) if the Secretary finds that— 
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121 STAT. 1579 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(I) the petition presents evidence that dem-
onstrates that commercial availability or sales of 
exempted incandescent lamp types have increased 
significantly since the standards on general service 
lamps were established and likely are being widely 
used in general lighting applications; and 
‘‘(II) significant energy savings could be 
achieved by covering exempted products, as deter-
mined by the Secretary based on sales data pro-
vided to the Secretary from manufacturers and 
importers. 
‘‘(iv) NO PRESUMPTION.—The grant of a petition 
under this subparagraph shall create no presumption 
with respect to the determination of the Secretary with 
respect to any criteria under a rulemaking conducted 
under this section. 
‘‘(v) EXPEDITED
PROCEEDING.—If the Secretary 
grants a petition for a lamp shape or base under this 
subparagraph, the Secretary shall— 
‘‘(I) conduct a rulemaking to determine stand-
ards for the exempted lamp shape or base; and 
‘‘(II) complete the rulemaking not later than 
18 months after the date on which notice is pro-
vided granting the petition. 
‘‘(F) DEFINITION
OF
EFFECTIVE
DATE.—In this para-
graph, except as otherwise provided in a table contained 
in subparagraph (A), the term ‘effective date’ means the 
last day of the month specified in the table that follows 
October 24, 1992.’’; 
(iii) in paragraph (5), in the first sentence, by 
striking ‘‘and general service incandescent lamps’’; 
(iv) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively; and 
(v) by inserting after paragraph (5) the following: 
‘‘(6) STANDARDS FOR GENERAL SERVICE LAMPS.— 
‘‘(A) RULEMAKING BEFORE JANUARY 1, 2014.— 
‘‘(i) IN GENERAL.—Not later than January 1, 2014, 
the Secretary shall initiate a rulemaking procedure 
to determine whether— 
‘‘(I) standards in effect for general service 
lamps should be amended to establish more strin-
gent standards than the standards specified in 
paragraph (1)(A); and 
‘‘(II) the exemptions for certain incandescent 
lamps should be maintained or discontinued based, 
in part, on exempted lamp sales collected by the 
Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking— 
‘‘(I) shall not be limited to incandescent lamp 
technologies; and 
‘‘(II) shall include consideration of a minimum 
standard of 45 lumens per watt for general service 
lamps. 
‘‘(iii) AMENDED STANDARDS.—If the Secretary deter-
mines that the standards in effect for general service 
incandescent lamps should be amended, the Secretary 
shall publish a final rule not later than January 1, 
Publication. 
Regulations. 
Deadline. 
Effective date. 
Deadline. 
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121 STAT. 1580 
PUBLIC LAW 110–140—DEC. 19, 2007 
2017, with an effective date that is not earlier than 
3 years after the date on which the final rule is pub-
lished. 
‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 
shall consider phased-in effective dates under this 
subparagraph after considering— 
‘‘(I) the impact of any amendment on manufac-
turers, retiring and repurposing existing equip-
ment, stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work with retailers 
and lighting designers to revise sales and mar-
keting strategies. 
‘‘(v) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete a rulemaking in accordance with 
clauses (i) through (iv) or if the final rule does not 
produce savings that are greater than or equal to the 
savings from a minimum efficacy standard of 45 
lumens per watt, effective beginning January 1, 2020, 
the Secretary shall prohibit the sale of any general 
service lamp that does not meet a minimum efficacy 
standard of 45 lumens per watt. 
‘‘(vi) STATE PREEMPTION.—Neither section 327(b) 
nor any other provision of law shall preclude California 
or Nevada from adopting, effective beginning on or 
after January 1, 2018— 
‘‘(I) a final rule adopted by the Secretary in 
accordance with clauses (i) through (iv); 
‘‘(II) if a final rule described in subclause (I) 
has not been adopted, the backstop requirement 
under clause (v); or 
‘‘(III) in the case of California, if a final rule 
described in subclause (I) has not been adopted, 
any California regulations relating to these covered 
products adopted pursuant to State statute in 
effect as of the date of enactment of the Energy 
Independence and Security Act of 2007. 
‘‘(B) RULEMAKING BEFORE JANUARY 1, 2020.— 
‘‘(i) IN GENERAL.—Not later than January 1, 2020, 
the Secretary shall initiate a rulemaking procedure 
to determine whether— 
‘‘(I) standards in effect for general service 
incandescent lamps should be amended to reflect 
lumen ranges with more stringent maximum watt-
age than the standards specified in paragraph 
(1)(A); and 
‘‘(II) the exemptions for certain incandescent 
lamps should be maintained or discontinued based, 
in part, on exempted lamp sales data collected 
by the Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking shall not be limited 
to incandescent lamp technologies. 
‘‘(iii) AMENDED STANDARDS.—If the Secretary deter-
mines that the standards in effect for general service 
incandescent lamps should be amended, the Secretary 
shall publish a final rule not later than January 1, 
2022, with an effective date that is not earlier than 
Publication. 
Regulation. 
Deadline. 
Effective date. 
Deadline. 
California. 
Nevada. 
Effective date. 
Effective date. 
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121 STAT. 1581 
PUBLIC LAW 110–140—DEC. 19, 2007 
3 years after the date on which the final rule is pub-
lished. 
‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 
shall consider phased-in effective dates under this 
subparagraph after considering— 
‘‘(I) the impact of any amendment on manufac-
turers, retiring and repurposing existing equip-
ment, stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work with retailers 
and lighting designers to revise sales and mar-
keting strategies.’’; and 
(B) in subsection (l), by adding at the end the following: 
‘‘(4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS.— 
‘‘(A) IN GENERAL.—The Secretary shall prescribe an 
energy efficiency standard for rough service lamps, vibra-
tion service lamps, 3-way incandescent lamps, 2,601–3,300 
lumen general service incandescent lamps, and shatter- 
resistant lamps only in accordance with this paragraph. 
‘‘(B) BENCHMARKS.—Not later than 1 year after the 
date of enactment of this paragraph, the Secretary, in 
consultation with the National Electrical Manufacturers 
Association, shall— 
‘‘(i) collect actual data for United States unit sales 
for each of calendar years 1990 through 2006 for each 
of the 5 types of lamps described in subparagraph 
(A) to determine the historical growth rate of the type 
of lamp; and 
‘‘(ii) construct a model for each type of lamp based 
on coincident economic indicators that closely match 
the historical annual growth rate of the type of lamp 
to provide a neutral comparison benchmark to model 
future unit sales after calendar year 2006. 
‘‘(C) ACTUAL SALES DATA.— 
‘‘(i) IN GENERAL.—Effective for each of calendar 
years 2010 through 2025, the Secretary, in consultation 
with the National Electrical Manufacturers Associa-
tion, shall— 
‘‘(I) collect actual United States unit sales data 
for each of 5 types of lamps described in subpara-
graph (A); and 
‘‘(II) not later than 90 days after the end of 
each calendar year, compare the lamp sales in 
that year with the sales predicted by the compari-
son benchmark for each of the 5 types of lamps 
described in subparagraph (A). 
‘‘(ii) CONTINUATION OF TRACKING.— 
‘‘(I) DETERMINATION.—Not later than January 
1, 2023, the Secretary shall determine if actual 
sales data should be tracked for the lamp types 
described in subparagraph (A) after calendar year 
2025. 
‘‘(II) CONTINUATION.—If the Secretary finds 
that the market share of a lamp type described 
in subparagraph (A) could significantly erode the 
Effective dates. 
Deadlines. 
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121 STAT. 1582 
PUBLIC LAW 110–140—DEC. 19, 2007 
market share for general service lamps, the Sec-
retary shall continue to track the actual sales data 
for the lamp type. 
‘‘(D) ROUGH SERVICE LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for rough 
service lamps demonstrates actual unit sales of rough 
service lamps that achieve levels that are at least 
100 percent higher than modeled unit sales for that 
same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for rough service 
lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after 
the date of the issuance of the finding under clause 
(i)(I), the Secretary shall require rough service lamps 
to— 
‘‘(I) have a shatter-proof coating or equivalent 
technology that is compliant with NSF/ANSI 51 
and is designed to contain the glass if the glass 
envelope of the lamp is broken and to provide 
effective containment over the life of the lamp; 
‘‘(II) have a maximum 40-watt limitation; and 
‘‘(III) be sold at retail only in a package con-
taining 1 lamp. 
‘‘(E) VIBRATION SERVICE LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for vibration 
service lamps demonstrates actual unit sales of vibra-
tion service lamps that achieve levels that are at least 
100 percent higher than modeled unit sales for that 
same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for vibration service 
lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after 
the date of the issuance of the finding under clause 
(i)(I), the Secretary shall require vibration service 
lamps to— 
‘‘(I) have a maximum 40-watt limitation; and 
‘‘(II) be sold at retail only in a package con-
taining 1 lamp. 
‘‘(F) 3-WAY INCANDESCENT LAMPS.— 
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121 STAT. 1583 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for 3-way 
incandescent lamps demonstrates actual unit sales of 
3-way incandescent lamps that achieve levels that are 
at least 100 percent higher than modeled unit sales 
for that same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for 3-way incandes-
cent lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after 
the date of issuance of the finding under clause (i)(I), 
the Secretary shall require that— 
‘‘(I) each filament in a 3-way incandescent 
lamp meet the new maximum wattage require-
ments for the respective lumen range established 
under subsection (i)(1)(A); and 
‘‘(II) 3-way lamps be sold at retail only in 
a package containing 1 lamp. 
‘‘(G) 2,601–3,300 LUMEN GENERAL SERVICE INCANDES-
CENT LAMPS.—Effective beginning with the first year that 
the reported annual sales rate demonstrates actual unit 
sales of 2,601–3,300 lumen general service incandescent 
lamps in the lumen range of 2,601 through 3,300 lumens 
(or, in the case of a modified spectrum, in the lumen 
range of 1,951 through 2,475 lumens) that achieve levels 
that are at least 100 percent higher than modeled unit 
sales for that same year, the Secretary shall impose— 
‘‘(i) a maximum 95-watt limitation on general 
service incandescent lamps in the lumen range of 2,601 
through 3,300 lumens; and 
‘‘(ii) a requirement that those lamps be sold at 
retail only in a package containing 1 lamp. 
‘‘(H) SHATTER-RESISTANT LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning with the first 
year that the reported annual sales rate for shatter- 
resistant lamps demonstrates actual unit sales of 
shatter-resistant lamps that achieve levels that are 
at least 100 percent higher than modeled unit sales 
for that same year, the Secretary shall— 
‘‘(I) not later than 90 days after the end of 
the previous calendar year, issue a finding that 
the index has been exceeded; and 
‘‘(II) not later than the date that is 1 year 
after the end of the previous calendar year, com-
plete an accelerated rulemaking to establish an 
energy conservation standard for shatter-resistant 
lamps. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
fails to complete an accelerated rulemaking in accord-
ance with clause (i)(II), effective beginning 1 year after 
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121 STAT. 1584 
PUBLIC LAW 110–140—DEC. 19, 2007 
the date of issuance of the finding under clause (i)(I), 
the Secretary shall impose— 
‘‘(I) a maximum wattage limitation of 40 watts 
on shatter resistant lamps; and 
‘‘(II) a requirement that those lamps be sold 
at retail only in a package containing 1 lamp. 
‘‘(I) RULEMAKINGS BEFORE JANUARY 1, 2025.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), if the Secretary issues a final rule prior to January 
1, 2025, establishing an energy conservation standard 
for any of the 5 types of lamps for which data collection 
is required under any of subparagraphs (D) through 
(G), the requirement to collect and model data for 
that type of lamp shall terminate unless, as part of 
the rulemaking, the Secretary determines that contin-
ued tracking is necessary. 
‘‘(ii) BACKSTOP
REQUIREMENT.—If the Secretary 
imposes a backstop requirement as a result of a failure 
to complete an accelerated rulemaking in accordance 
with clause (i)(II) of any of subparagraphs (D) through 
(G), the requirement to collect and model data for 
the applicable type of lamp shall continue for an addi-
tional 2 years after the effective date of the backstop 
requirement.’’. 
(b) CONSUMER
EDUCATION
AND
LAMP
LABELING.—Section 
324(a)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C. 
6294(a)(2)(C)) is amended by adding at the end the following: 
‘‘(iii) RULEMAKING TO CONSIDER EFFECTIVENESS OF 
LAMP LABELING.— 
‘‘(I) IN GENERAL.—Not later than 1 year after 
the date of enactment of this clause, the Commis-
sion shall initiate a rulemaking to consider— 
‘‘(aa) the effectiveness of current lamp 
labeling for power levels or watts, light output 
or lumens, and lamp lifetime; and 
‘‘(bb) alternative labeling approaches that 
will help consumers to understand new high- 
efficiency lamp products and to base the pur-
chase decisions of the consumers on the most 
appropriate source that meets the require-
ments of the consumers for lighting level, light 
quality, lamp lifetime, and total lifecycle cost. 
‘‘(II) COMPLETION.—The Commission shall— 
‘‘(aa) complete the rulemaking not later 
than the date that is 30 months after the 
date of enactment of this clause; and 
‘‘(bb) consider reopening the rulemaking 
not later than 180 days before the effective 
dates of the standards for general service 
incandescent lamps established under section 
325(i)(1)(A), if the Commission determines 
that further labeling changes are needed to 
help 
consumers 
understand 
lamp 
alter-
natives.’’. 
(c) MARKET ASSESSMENTS
AND CONSUMER AWARENESS PRO-
GRAM.— 
42 USC 6294 
note. 
Deadlines. 
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121 STAT. 1585 
PUBLIC LAW 110–140—DEC. 19, 2007 
(1) IN GENERAL.—In cooperation with the Administrator 
of the Environmental Protection Agency, the Secretary of Com-
merce, the Federal Trade Commission, lighting and retail 
industry associations, energy efficiency organizations, and any 
other entities that the Secretary of Energy determines to be 
appropriate, the Secretary of Energy shall— 
(A) conduct an annual assessment of the market for 
general service lamps and compact fluorescent lamps— 
(i) to identify trends in the market shares of lamp 
types, efficiencies, and light output levels purchased 
by residential and nonresidential consumers; and 
(ii) to better understand the degree to which con-
sumer decisionmaking is based on lamp power levels 
or watts, light output or lumens, lamp lifetime, and 
other factors, including information required on labels 
mandated by the Federal Trade Commission; 
(B) provide the results of the market assessment to 
the Federal Trade Commission for consideration in the 
rulemaking described in section 324(a)(2)(C)(iii) of the 
Energy 
Policy 
and 
Conservation 
Act 
(42 
U.S.C. 
6294(a)(2)(C)(iii)); and 
(C) in cooperation with industry trade associations, 
lighting industry members, utilities, and other interested 
parties, carry out a proactive national program of consumer 
awareness, information, and education that broadly uses 
the media and other effective communication techniques 
over an extended period of time to help consumers under-
stand the lamp labels and make energy-efficient lighting 
choices that meet the needs of consumers. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $10,000,000 
for each of fiscal years 2009 through 2012. 
(d) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION 
STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR 
A PRODUCT.—Section 327(b)(1) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6297(b)(1)) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(2) by inserting ‘‘or’’ after the semicolon at the end; and 
(3) by adding at the end the following: 
‘‘(B) in the case of any portion of any regulation that 
establishes requirements for general service incandescent 
lamps, intermediate base incandescent lamps, or candelabra 
base lamps, was enacted or adopted by the State of California 
or Nevada before December 4, 2007, except that— 
‘‘(i) the regulation adopted by the California Energy 
Commission with an effective date of January 1, 2008, 
shall only be effective until the effective date of the Federal 
standard for the applicable lamp category under subpara-
graphs (A), (B), and (C) of section 325(i)(1); 
‘‘(ii) the States of California and Nevada may, at any 
time, modify or adopt a State standard for general service 
lamps to conform with Federal standards with effective 
dates no earlier than 12 months prior to the Federal effec-
tive dates prescribed under subparagraphs (A), (B), and 
(C) of section 325(i)(1), at which time any prior regulations 
adopted by the State of California or Nevada shall no 
longer be effective; and 
California. 
Nevada. 
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121 STAT. 1586 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(iii) all other States may, at any time, modify or 
adopt a State standard for general service lamps to conform 
with Federal standards and effective dates.’’. 
(e) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6302(a)) is amended— 
(1) in paragraph (4), by striking ‘‘or’’ at the end; 
(2) in paragraph (5), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(6) for any manufacturer, distributor, retailer, or private 
labeler to distribute in commerce an adapter that— 
‘‘(A) is designed to allow an incandescent lamp that 
does not have a medium screw base to be installed into 
a fixture or lampholder with a medium screw base socket; 
and 
‘‘(B) is capable of being operated at a voltage range 
at least partially within 110 and 130 volts.’’. 
(f) ENFORCEMENT.—Section 334 of the Energy Policy and Con-
servation Act (42 U.S.C. 6304) is amended by inserting after the 
second sentence the following: ‘‘Any such action to restrain any 
person from distributing in commerce a general service incandescent 
lamp that does not comply with the applicable standard established 
under section 325(i) or an adapter prohibited under section 332(a)(6) 
may also be brought by the attorney general of a State in the 
name of the State.’’. 
(g) RESEARCH AND DEVELOPMENT PROGRAM.— 
(1) IN GENERAL.—The Secretary may carry out a lighting 
technology research and development program— 
(A) to support the research, development, demonstra-
tion, and commercial application of lamps and related tech-
nologies sold, offered for sale, or otherwise made available 
in the United States; and 
(B) to assist manufacturers of general service lamps 
in the manufacturing of general service lamps that, at 
a minimum, achieve the wattage requirements imposed 
as a result of the amendments made by subsection (a). 
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection $10,000,000 
for each of fiscal years 2008 through 2013. 
(3) TERMINATION OF AUTHORITY.—The program under this 
subsection shall terminate on September 30, 2015. 
(h) REPORTS TO CONGRESS.— 
(1) REPORT ON MERCURY USE AND RELEASE.—Not later than 
1 year after the date of enactment of this Act, the Secretary, 
in cooperation with the Administrator of the Environmental 
Protection Agency, shall submit to Congress a report describing 
recommendations relating to the means by which the Federal 
Government may reduce or prevent the release of mercury 
during the manufacture, transportation, storage, or disposal 
of light bulbs. 
(2) REPORT ON RULEMAKING SCHEDULE.—Beginning on July 
1, 2013, and semiannually through July 1, 2016, the Secretary 
shall submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report on— 
(A) whether the Secretary will meet the deadlines for 
the rulemakings required under this section; 
42 USC 6295 
note. 
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121 STAT. 1587 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) a description of any impediments to meeting the 
deadlines; and 
(C) a specific plan to remedy any failures, including 
recommendations for additional legislation or resources. 
(3) NATIONAL ACADEMY REVIEW.— 
(A) IN GENERAL.—Not later than December 31, 2009, 
the Secretary shall enter into an arrangement with the 
National Academy of Sciences to provide a report by 
December 31, 2013, and an updated report by July 31, 
2015. The report should include— 
(i) the status of advanced solid state lighting 
research, development, demonstration and commer-
cialization; 
(ii) the impact on the types of lighting available 
to consumers of an energy conservation standard 
requiring a minimum of 45 lumens per watt for general 
service lighting effective in 2020; and 
(iii) the time frame for the commercialization of 
lighting that could replace current incandescent and 
halogen incandescent lamp technology and any other 
new technologies developed to meet the minimum 
standards required under subsection (a)(3) of this sec-
tion. 
(B) REPORTS.—The reports shall be transmitted to the 
Committee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate. 
SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy and Con-
servation Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D)) 
is amended— 
(1) in paragraph (30)(C)(ii)— 
(A) in the matter preceding subclause (I)— 
(i) by striking ‘‘or similar bulb shapes (excluding 
ER or BR)’’ and inserting ‘‘ER, BR, BPAR, or similar 
bulb shapes’’; and 
(ii) by striking ‘‘2.75’’ and inserting ‘‘2.25’’; and 
(B) by striking ‘‘is either—’’ and all that follows through 
subclause (II) and inserting ‘‘has a rated wattage that 
is 40 watts or higher’’; and 
(2) by adding at the end the following: 
‘‘(54) BPAR INCANDESCENT
REFLECTOR
LAMP.—The term 
‘BPAR incandescent reflector lamp’ means a reflector lamp 
as shown in figure C78.21–278 on page 32 of ANSI C78.21– 
2003. 
‘‘(55) BR INCANDESCENT
REFLECTOR
LAMP; BR30; BR40.— 
‘‘(A) BR INCANDESCENT REFLECTOR LAMP.—The term 
‘BR incandescent reflector lamp’ means a reflector lamp 
that has— 
‘‘(i) a bulged section below the major diameter 
of the bulb and above the approximate baseline of 
the bulb, as shown in figure 1 (RB) on page 7 of 
ANSI C79.1–1994, incorporated by reference in section 
430.22 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this paragraph); 
and 
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121 STAT. 1588 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) a finished size and shape shown in ANSI 
C78.21–1989, 
including 
the 
referenced 
reflective 
characteristics in part 7 of ANSI C78.21–1989, incor-
porated by reference in section 430.22 of title 10, Code 
of Federal Regulations (as in effect on the date of 
enactment of this paragraph). 
‘‘(B) BR30.—The term ‘BR30’ means a BR incandescent 
reflector lamp with a diameter of 30/8ths of an inch. 
‘‘(C) BR40.—The term ‘BR40’ means a BR incandescent 
reflector lamp with a diameter of 40/8ths of an inch. 
‘‘(56) ER INCANDESCENT
REFLECTOR
LAMP; ER30; ER40.— 
‘‘(A) ER INCANDESCENT REFLECTOR LAMP.—The term 
‘ER incandescent reflector lamp’ means a reflector lamp 
that has— 
‘‘(i) an elliptical section below the major diameter 
of the bulb and above the approximate baseline of 
the bulb, as shown in figure 1 (RE) on page 7 of 
ANSI C79.1–1994, incorporated by reference in section 
430.22 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this paragraph); 
and 
‘‘(ii) a finished size and shape shown in ANSI 
C78.21–1989, incorporated by reference in section 
430.22 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this paragraph). 
‘‘(B) ER30.—The term ‘ER30’ means an ER incandes-
cent reflector lamp with a diameter of 30/8ths of an inch. 
‘‘(C) ER40.—The term ‘ER40’ means an ER incandes-
cent reflector lamp with a diameter of 40/8ths of an inch. 
‘‘(57) R20 INCANDESCENT REFLECTOR LAMP.—The term ‘R20 
incandescent reflector lamp’ means a reflector lamp that has 
a face diameter of approximately 2.5 inches, as shown in figure 
1(R) on page 7 of ANSI C79.1–1994.’’. 
(b) STANDARDS FOR FLUORESCENT LAMPS AND INCANDESCENT 
REFLECTOR LAMPS.—Section 325(i) of the Energy Policy and Con-
servation Act (42 U.S.C. 6995(i)) is amended by striking paragraph 
(1) and inserting the following: 
‘‘(1) STANDARDS.— 
‘‘(A) DEFINITION
OF
EFFECTIVE
DATE.—In this para-
graph (other than subparagraph (D)), the term ‘effective 
date’ means, with respect to each type of lamp specified 
in a table contained in subparagraph (B), the last day 
of the period of months corresponding to that type of lamp 
(as specified in the table) that follows October 24, 1992. 
‘‘(B) MINIMUM STANDARDS.—Each of the following gen-
eral service fluorescent lamps and incandescent reflector 
lamps manufactured after the effective date specified in 
the tables contained in this paragraph shall meet or exceed 
the following lamp efficacy and CRI standards: 
‘‘FLUORESCENT LAMPS 
Lamp Type 
Nominal 
Lamp 
Wattage 
Minimum 
CRI 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
4-foot medium bi-pin ....
>35 W 
69 
75.0 
36 
≤35 W 
45 
75.0 
36 
42 USC 6295. 
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121 STAT. 1589 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘FLUORESCENT LAMPS—Continued 
Lamp Type 
Nominal 
Lamp 
Wattage 
Minimum 
CRI 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
2-foot U-shaped .............
>35 W 
69 
68.0 
36 
≤35 W 
45 
64.0 
36 
8-foot slimline ...............
65 W 
69 
80.0 
18 
≤65 W 
45 
80.0 
18 
8-foot high output .........
>100 W 
69 
80.0 
18 
≤100 W 
45 
80.0 
18 
‘‘INCANDESCENT REFLECTOR LAMPS 
Nominal Lamp Wattage 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
40–50 .......................................................................
10.5 
36 
51–66 .......................................................................
11.0 
36 
67–85 .......................................................................
12.5 
36 
86–115 .....................................................................
14.0 
36 
116–155 .....................................................................
14.5 
36 
156–205 .....................................................................
15.0 
36 
‘‘(C) EXEMPTIONS.—The standards specified in subpara-
graph (B) shall not apply to the following types of incandes-
cent reflector lamps: 
‘‘(i) Lamps rated at 50 watts or less that are ER30, 
BR30, BR40, or ER40 lamps. 
‘‘(ii) Lamps rated at 65 watts that are BR30, BR40, 
or ER40 lamps. 
‘‘(iii) R20 incandescent reflector lamps rated 45 
watts or less. 
‘‘(D) EFFECTIVE DATES.— 
‘‘(i) ER, BR, AND BPAR LAMPS.—The standards speci-
fied in subparagraph (B) shall apply with respect to 
ER incandescent reflector lamps, BR incandescent 
reflector lamps, BPAR incandescent reflector lamps, 
and similar bulb shapes on and after January 1, 2008. 
‘‘(ii) 
LAMPS
BETWEEN
2.25–2.75
INCHES
IN 
DIAMETER.—The standards specified in subparagraph 
(B) shall apply with respect to incandescent reflector 
lamps with a diameter of more than 2.25 inches, but 
not more than 2.75 inches, on and after the later 
of January 1, 2008, or the date that is 180 days after 
the date of enactment of the Energy Independence 
and Security Act of 2007.’’. 
SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RENEWABLE 
ENERGY SYSTEMS. 
(a) ESTIMATE OF ENERGY PERFORMANCE IN PROSPECTUS.—Sec-
tion 3307(b) of title 40, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (5); 
(2) by striking the period at the end of paragraph (6) 
and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (6) the following: 
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121 STAT. 1590 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(7) with respect to any prospectus for the construction, 
alteration, or acquisition of any building or space to be leased, 
an estimate of the future energy performance of the building 
or space and a specific description of the use of energy efficient 
and renewable energy systems, including photovoltaic systems, 
in carrying out the project.’’. 
(b) MINIMUM
PERFORMANCE
REQUIREMENTS
FOR
LEASED 
SPACE.—Section 3307 of such title is amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f) MINIMUM
PERFORMANCE
REQUIREMENTS
FOR
LEASED 
SPACE.—With respect to space to be leased, the Administrator shall 
include, to the maximum extent practicable, minimum performance 
requirements requiring energy efficiency and the use of renewable 
energy.’’. 
(c) USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS.— 
(1) IN GENERAL.—Chapter 33 of such title is amended— 
(A) by redesignating sections 3313, 3314, and 3315 
as sections 3314, 3315, and 3316, respectively; and 
(B) by inserting after section 3312 the following: 
‘‘§ 3313. Use of energy efficient lighting fixtures and bulbs 
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC 
BUILDINGS.—Each public building constructed, altered, or acquired 
by the Administrator of General Services shall be equipped, to 
the maximum extent feasible as determined by the Administrator, 
with lighting fixtures and bulbs that are energy efficient. 
‘‘(b) MAINTENANCE OF PUBLIC BUILDINGS.—Each lighting fixture 
or bulb that is replaced by the Administrator in the normal course 
of maintenance of public buildings shall be replaced, to the max-
imum extent feasible, with a lighting fixture or bulb that is energy 
efficient. 
‘‘(c) CONSIDERATIONS.—In making a determination under this 
section concerning the feasibility of installing a lighting fixture 
or bulb that is energy efficient, the Administrator shall consider— 
‘‘(1) the life-cycle cost effectiveness of the fixture or bulb; 
‘‘(2) the compatibility of the fixture or bulb with existing 
equipment; 
‘‘(3) whether use of the fixture or bulb could result in 
interference with productivity; 
‘‘(4) the aesthetics relating to use of the fixture or bulb; 
and 
‘‘(5) such other factors as the Administrator determines 
appropriate. 
‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall be treated 
as being energy efficient for purposes of this section if— 
‘‘(1) the fixture or bulb is certified under the Energy Star 
program established by section 324A of the Energy Policy and 
Conservation Act (42 U.S.C. 6294a); 
‘‘(2) in the case of all light-emitting diode (LED) luminaires, 
lamps, and systems whose efficacy (lumens per watt) and Color 
Rendering Index (CRI) meet the Department of Energy require-
ments for minimum luminaire efficacy and CRI for the Energy 
Star certification, as verified by an independent third-party 
testing laboratory that the Administrator and the Secretary 
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121 STAT. 1591 
PUBLIC LAW 110–140—DEC. 19, 2007 
of Energy determine conducts its tests according to the proce-
dures and recommendations of the Illuminating Engineering 
Society of North America, even if the luminaires, lamps, and 
systems have not received such certification; or 
‘‘(3) the Administrator and the Secretary of Energy have 
otherwise determined that the fixture or bulb is energy efficient. 
‘‘(e) ADDITIONAL ENERGY EFFICIENT LIGHTING DESIGNATIONS.— 
The Administrator of the Environmental Protection Agency and 
the Secretary of Energy shall give priority to establishing Energy 
Star performance criteria or Federal Energy Management Program 
designations for additional lighting product categories that are 
appropriate for use in public buildings. 
‘‘(f) GUIDELINES.—The Administrator shall develop guidelines 
for the use of energy efficient lighting technologies that contain 
mercury in child care centers in public buildings. 
‘‘(g) APPLICABILITY OF BUY AMERICAN ACT.—Acquisitions car-
ried out pursuant to this section shall be subject to the requirements 
of the Buy American Act (41 U.S.C. 10c et seq.). 
‘‘(h) EFFECTIVE DATE.—The requirements of subsections (a) and 
(b) shall take effect 1 year after the date of enactment of this 
subsection.’’. 
(2) CLERICAL AMENDMENT.—The analysis for such chapter 
is amended by striking the items relating to sections 3313, 
3314, and 3315 and inserting the following: 
‘‘3313. Use of energy efficient lighting fixtures and bulbs. 
‘‘3314. Delegation. 
‘‘3315. Report to Congress. 
‘‘3316. Certain authority not affected.’’. 
(d) EVALUATION
FACTOR.—Section 3310 of such title is 
amended— 
(1) by redesignating paragraphs (3), (4), and (5) as para-
graphs (4), (5), and (6), respectively; and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) shall include in the solicitation for any lease requiring 
a prospectus under section 3307 an evaluation factor consid-
ering the extent to which the offeror will promote energy effi-
ciency and the use of renewable energy;’’. 
SEC. 324. METAL HALIDE LAMP FIXTURES. 
(a) DEFINITIONS.—Section 321 of the Energy Policy and Con-
servation Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) 
is amended by adding at the end the following: 
‘‘(58) BALLAST.—The term ‘ballast’ means a device used 
with an electric discharge lamp to obtain necessary circuit 
conditions (voltage, current, and waveform) for starting and 
operating. 
‘‘(59) BALLAST EFFICIENCY.— 
‘‘(A) IN GENERAL.—The term ‘ballast efficiency’ means, 
in the case of a high intensity discharge fixture, the effi-
ciency of a lamp and ballast combination, expressed as 
a percentage, and calculated in accordance with the fol-
lowing formula: Efficiency = Pout/Pin. 
‘‘(B) 
EFFICIENCY
FORMULA.—For 
the 
purpose 
of 
subparagraph (A)— 
‘‘(i) Pout shall equal the measured operating lamp 
wattage; 
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121 STAT. 1592 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) Pin shall equal the measured operating input 
wattage; 
‘‘(iii) the lamp, and the capacitor when the capac-
itor is provided, shall constitute a nominal system 
in accordance with the ANSI Standard C78.43–2004; 
‘‘(iv) for ballasts with a frequency of 60 Hz, Pin 
and Pout shall be measured after lamps have been 
stabilized according to section 4.4 of ANSI Standard 
C82.6–2005 using a wattmeter with accuracy specified 
in section 4.5 of ANSI Standard C82.6–2005; and 
‘‘(v) for ballasts with a frequency greater than 
60 Hz, Pin and Pout shall have a basic accuracy of 
± 0.5 percent at the higher of— 
‘‘(I) 3 times the output operating frequency 
of the ballast; or 
‘‘(II) 2 kHz for ballast with a frequency greater 
than 60 Hz. 
‘‘(C) MODIFICATION.—The Secretary may, by rule, 
modify the definition of ‘ballast efficiency’ if the Secretary 
determines that the modification is necessary or appro-
priate to carry out the purposes of this Act. 
‘‘(60) ELECTRONIC BALLAST.—The term ‘electronic ballast’ 
means a device that uses semiconductors as the primary means 
to control lamp starting and operation. 
‘‘(61) GENERAL LIGHTING APPLICATION.—The term ‘general 
lighting application’ means lighting that provides an interior 
or exterior area with overall illumination. 
‘‘(62) METAL HALIDE BALLAST.—The term ‘metal halide bal-
last’ means a ballast used to start and operate metal halide 
lamps. 
‘‘(63) METAL HALIDE LAMP.—The term ‘metal halide lamp’ 
means a high intensity discharge lamp in which the major 
portion of the light is produced by radiation of metal halides 
and their products of dissociation, possibly in combination with 
metallic vapors. 
‘‘(64) METAL HALIDE LAMP FIXTURE.—The term ‘metal halide 
lamp fixture’ means a light fixture for general lighting applica-
tion designed to be operated with a metal halide lamp and 
a ballast for a metal halide lamp. 
‘‘(65) PROBE-START
METAL
HALIDE
BALLAST.—The term 
‘probe-start metal halide ballast’ means a ballast that— 
‘‘(A) starts a probe-start metal halide lamp that con-
tains a third starting electrode (probe) in the arc tube; 
and 
‘‘(B) does not generally contain an igniter but instead 
starts lamps with high ballast open circuit voltage. 
‘‘(66) PULSE-START METAL HALIDE BALLAST.— 
‘‘(A) IN GENERAL.—The term ‘pulse-start metal halide 
ballast’ means an electronic or electromagnetic ballast that 
starts a pulse-start metal halide lamp with high voltage 
pulses. 
‘‘(B) STARTING PROCESS.—For the purpose of subpara-
graph (A)— 
‘‘(i) lamps shall be started by first providing a 
high voltage pulse for ionization of the gas to produce 
a glow discharge; and 
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121 STAT. 1593 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) to complete the starting process, power shall 
be provided by the ballast to sustain the discharge 
through the glow-to-arc transition.’’. 
(b) COVERAGE.—Section 322(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6292(a)) is amended— 
(1) by redesignating paragraph (19) as paragraph (20); 
and 
(2) by inserting after paragraph (18) the following: 
‘‘(19) Metal halide lamp fixtures.’’. 
(c) TEST PROCEDURES.—Section 323(b) of the Energy Policy 
and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 
301(b)) is amended by adding at the end the following: 
‘‘(18) METAL HALIDE LAMP BALLASTS.—Test procedures for 
metal halide lamp ballasts shall be based on ANSI Standard 
C82.6–2005, entitled ‘Ballasts for High Intensity Discharge 
Lamps—Method of Measurement’.’’. 
(d) LABELING.—Section 324(a)(2) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)(2)) is amended— 
(1) by redesignating subparagraphs (C) through (G) as sub-
paragraphs (D) through (H), respectively; and 
(2) by inserting after subparagraph (B) the following: 
‘‘(C) METAL HALIDE LAMP FIXTURES.— 
‘‘(i) IN
GENERAL.—The Commission shall issue 
labeling rules under this section applicable to the cov-
ered product specified in section 322(a)(19) and to 
which standards are applicable under section 325. 
‘‘(ii) LABELING.—The rules shall provide that the 
labeling of any metal halide lamp fixture manufactured 
on or after the later of January 1, 2009, or the date 
that is 270 days after the date of enactment of this 
subparagraph, shall indicate conspicuously, in a 
manner prescribed by the Commission under sub-
section (b) by July 1, 2008, a capital letter ‘E’ printed 
within a circle on the packaging of the fixture, and 
on the ballast contained in the fixture.’’. 
(e) STANDARDS.—Section 325 of the Energy Policy and Con-
servation Act (42 U.S.C. 6295) (as amended by section 310) is 
amended— 
(1) by redesignating subsection (hh) as subsection (ii); 
(2) by inserting after subsection (gg) the following: 
‘‘(hh) METAL HALIDE LAMP FIXTURES.— 
‘‘(1) STANDARDS.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), metal halide lamp fixtures designed to be operated 
with lamps rated greater than or equal to 150 watts but 
less than or equal to 500 watts shall contain— 
‘‘(i) a pulse-start metal halide ballast with a min-
imum ballast efficiency of 88 percent; 
‘‘(ii) a magnetic probe-start ballast with a min-
imum ballast efficiency of 94 percent; or 
‘‘(iii) a nonpulse-start electronic ballast with— 
‘‘(I) a minimum ballast efficiency of 92 percent 
for wattages greater than 250 watts; and 
‘‘(II) a minimum ballast efficiency of 90 percent 
for wattages less than or equal to 250 watts. 
‘‘(B) EXCLUSIONS.—The standards established under 
subparagraph (A) shall not apply to— 
Deadlines. 
Regulations. 
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121 STAT. 1594 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) fixtures with regulated lag ballasts; 
‘‘(ii) fixtures that use electronic ballasts that 
operate at 480 volts; or 
‘‘(iii) fixtures that— 
‘‘(I) are rated only for 150 watt lamps; 
‘‘(II) are rated for use in wet locations, as 
specified by the National Electrical Code 2002, 
section 410.4(A); and 
‘‘(III) contain a ballast that is rated to operate 
at ambient air temperatures above 50°C, as speci-
fied by UL 1029–2001. 
‘‘(C) APPLICATION.—The standards established under 
subparagraph (A) shall apply to metal halide lamp fixtures 
manufactured on or after the later of— 
‘‘(i) January 1, 2009; or 
‘‘(ii) the date that is 270 days after the date of 
enactment of this subsection. 
‘‘(2) FINAL RULE BY JANUARY 1, 2012.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2012, 
the Secretary shall publish a final rule to determine 
whether the standards established under paragraph (1) 
should be amended. 
‘‘(B) ADMINISTRATION.—The final rule shall— 
‘‘(i) contain any amended standard; and 
‘‘(ii) apply to products manufactured on or after 
January 1, 2015. 
‘‘(3) FINAL RULE BY JANUARY 1, 2019.— 
‘‘(A) IN GENERAL.—Not later than January 1, 2019, 
the Secretary shall publish a final rule to determine 
whether the standards then in effect should be amended. 
‘‘(B) ADMINISTRATION.—The final rule shall— 
‘‘(i) contain any amended standards; and 
‘‘(ii) apply to products manufactured after January 
1, 2022. 
‘‘(4) DESIGN AND PERFORMANCE REQUIREMENTS.—Notwith-
standing any other provision of law, any standard established 
pursuant to this subsection may contain both design and 
performance requirements.’’; and 
(3) in paragraph (2) of subsection (ii) (as redesignated by 
paragraph (2)), by striking ‘‘(gg)’’ each place it appears and 
inserting ‘‘(hh)’’. 
(f) EFFECT ON OTHER LAW.—Section 327(c) of the Energy Policy 
and Conservation Act (42 U.S.C. 6297(c)) is amended— 
(1) in paragraph (8)(B), by striking the period at the end 
and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(9) is a regulation concerning metal halide lamp fixtures 
adopted by the California Energy Commission on or before 
January 1, 2011, except that— 
‘‘(A) if the Secretary fails to issue a final rule within 
180 days after the deadlines for rulemakings in section 
325(hh), notwithstanding any other provision of this sec-
tion, preemption shall not apply to a regulation concerning 
metal halide lamp fixtures adopted by the California 
Energy Commission— 
Deadlines. 
Applicability. 
Publication. 
Applicability. 
Publication. 
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121 STAT. 1595 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) on or before July 1, 2015, if the Secretary 
fails to meet the deadline specified in section 
325(hh)(2); or 
‘‘(ii) on or before July 1, 2022, if the Secretary 
fails to meet the deadline specified in section 
325(hh)(3).’’. 
SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELEC-
TRONIC PRODUCTS. 
(a) IN GENERAL.—Section 324(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)) (as amended by section 324(d)) 
is amended— 
(1) in paragraph (2), by adding at the end the following: 
‘‘(I) LABELING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—Subject to clauses (ii) through 
(iv), not later than 18 months after the date of issuance 
of applicable Department of Energy testing procedures, 
the Commission, in consultation with the Secretary 
and the Administrator of the Environmental Protection 
Agency (acting through the Energy Star program), 
shall, by regulation, prescribe labeling or other disclo-
sure requirements for the energy use of— 
‘‘(I) televisions; 
‘‘(II) personal computers; 
‘‘(III) cable or satellite set-top boxes; 
‘‘(IV) stand-alone digital video recorder boxes; 
and 
‘‘(V) personal computer monitors. 
‘‘(ii) ALTERNATE
TESTING
PROCEDURES.—In the 
absence of applicable testing procedures described in 
clause (i) for products described in subclauses (I) 
through (V) of that clause, the Commission may, by 
regulation, prescribe labeling or other disclosure 
requirements 
for 
a 
consumer 
product 
category 
described in clause (i) if the Commission— 
‘‘(I) identifies adequate non-Department of 
Energy testing procedures for those products; and 
‘‘(II) determines that labeling of, or other 
disclosures relating to, those products is likely to 
assist consumers in making purchasing decisions. 
‘‘(iii) 
DEADLINE
AND
REQUIREMENTS
FOR 
LABELING.— 
‘‘(I) DEADLINE.—Not later than 18 months 
after the date of promulgation of any requirements 
under clause (i) or (ii), the Commission shall 
require labeling of, or other disclosure require-
ments for, electronic products described in clause 
(i). 
‘‘(II) REQUIREMENTS.—The requirements pre-
scribed under clause (i) or (ii) may include specific 
requirements for each electronic product to be 
labeled with respect to the placement, size, and 
content of Energy Guide labels. 
‘‘(iv) DETERMINATION OF FEASIBILITY.—Clause (i) 
or (ii) shall not apply in any case in which the Commis-
sion determines that labeling in accordance with this 
subsection— 
Deadline. 
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121 STAT. 1596 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(I) is not technologically or economically fea-
sible; or 
‘‘(II) is not likely to assist consumers in 
making purchasing decisions.’’; and 
(2) by adding at the end the following: 
‘‘(6) AUTHORITY
TO
INCLUDE
ADDITIONAL
PRODUCT
CAT-
EGORIES.—The Commission may, by regulation, require labeling 
or other disclosures in accordance with this subsection for any 
consumer product not specified in this subsection or section 
322 if the Commission determines that labeling for the product 
is likely to assist consumers in making purchasing decisions.’’. 
(b) CONTENT OF LABEL.—Section 324(c) of the Energy Policy 
and Conservation Act (42 U.S.C. 6924(c)) is amended by adding 
at the end the following: 
‘‘(9) DISCRETIONARY APPLICATION.—The Commission may 
apply paragraphs (1), (2), (3), (5), and (6) of this subsection 
to the labeling of any product covered by paragraph (2)(I) 
or (6) of subsection (a).’’. 
TITLE IV—ENERGY SAVINGS IN 
BUILDINGS AND INDUSTRY 
SEC. 401. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of General Services. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the Green Building Advisory Committee established 
under section 484. 
(3) 
COMMERCIAL
DIRECTOR.—The 
term 
‘‘Commercial 
Director’’ means the individual appointed to the position estab-
lished under section 421. 
(4) CONSORTIUM.—The term ‘‘Consortium’’ means the High- 
Performance Green Building Partnership Consortium created 
in response to section 436(c)(1) to represent the private sector 
in a public-private partnership to promote high-performance 
green buildings and zero-net-energy commercial buildings. 
(5) COST-EFFECTIVE LIGHTING TECHNOLOGY.— 
(A) IN GENERAL.—The term ‘‘cost-effective lighting tech-
nology’’ means a lighting technology that— 
(i) will result in substantial operational cost 
savings by ensuring an installed consumption of not 
more than 1 watt per square foot; or 
(ii) is contained in a list under— 
(I) section 553 of Public Law 95–619 (42 U.S.C. 
8259b); 
(II) Federal acquisition regulation 23–203; and 
(III) is at least as energy-conserving as 
required by other provisions of this Act, including 
the requirements of this title and title III which 
shall be applicable to the extent that they would 
achieve greater energy savings than provided 
under clause (i) or this clause. 
(B) INCLUSIONS.—The term ‘‘cost-effective lighting tech-
nology’’ includes— 
(i) lamps; 
42 USC 17061. 
42 USC 6294. 
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121 STAT. 1597 
PUBLIC LAW 110–140—DEC. 19, 2007 
(ii) ballasts; 
(iii) luminaires; 
(iv) lighting controls; 
(v) daylighting; and 
(vi) early use of other highly cost-effective lighting 
technologies. 
(6) COST-EFFECTIVE
TECHNOLOGIES
AND
PRACTICES.—The 
term ‘‘cost-effective technologies and practices’’ means a tech-
nology or practice that— 
(A) will result in substantial operational cost savings 
by reducing electricity or fossil fuel consumption, water, 
or other utility costs, including use of geothermal heat 
pumps; 
(B) complies with the provisions of section 553 of Public 
Law 95–619 (42 U.S.C. 8259b) and Federal acquisition 
regulation 23–203; and 
(C) is at least as energy and water conserving as 
required under this title, including sections 431 through 
435, and title V, including sections 511 through 525, which 
shall be applicable to the extent that they are more strin-
gent or require greater energy or water savings than 
required by this section. 
(7) FEDERAL
DIRECTOR.—The term ‘‘Federal Director’’ 
means the individual appointed to the position established 
under section 436(a). 
(8) FEDERAL FACILITY.—The term ‘‘Federal facility’’ means 
any building that is constructed, renovated, leased, or pur-
chased in part or in whole for use by the Federal Government. 
(9) OPERATIONAL COST SAVINGS.— 
(A) IN GENERAL.—The term ‘‘operational cost savings’’ 
means a reduction in end-use operational costs through 
the application of cost-effective technologies and practices 
or geothermal heat pumps, including a reduction in elec-
tricity consumption relative to consumption by the same 
customer or at the same facility in a given year, as defined 
in guidelines promulgated by the Administrator pursuant 
to section 329(b) of the Clean Air Act, that achieves cost 
savings sufficient to pay the incremental additional costs 
of using cost-effective technologies and practices including 
geothermal heat pumps by not later than the later of 
the date established under sections 431 through 434, or— 
(i) for cost-effective technologies and practices, the 
date that is 5 years after the date of installation; 
and 
(ii) for geothermal heat pumps, as soon as practical 
after the date of installation of the applicable geo-
thermal heat pump. 
(B) INCLUSIONS.—The term ‘‘operational cost savings’’ 
includes savings achieved at a facility as a result of— 
(i) the installation or use of cost-effective tech-
nologies and practices; or 
(ii) the planting of vegetation that shades the 
facility and reduces the heating, cooling, or lighting 
needs of the facility. 
(C) EXCLUSION.—The term ‘‘operational cost savings’’ 
does not include savings from measures that would likely 
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121 STAT. 1598 
PUBLIC LAW 110–140—DEC. 19, 2007 
be adopted in the absence of cost-effective technology and 
practices programs, as determined by the Administrator. 
(10) GEOTHERMAL HEAT PUMP.—The term ‘‘geothermal heat 
pump’’ means any heating or air conditioning technology that— 
(A) uses the ground or ground water as a thermal 
energy source to heat, or as a thermal energy sink to 
cool, a building; and 
(B) meets the requirements of the Energy Star program 
of the Environmental Protection Agency applicable to geo-
thermal heat pumps on the date of purchase of the tech-
nology. 
(11) GSA FACILITY.— 
(A) IN GENERAL.—The term ‘‘GSA facility’’ means any 
building, structure, or facility, in whole or in part (including 
the associated support systems of the building, structure, 
or facility) that— 
(i) is constructed (including facilities constructed 
for lease), renovated, or purchased, in whole or in 
part, by the Administrator for use by the Federal 
Government; or 
(ii) is leased, in whole or in part, by the Adminis-
trator for use by the Federal Government— 
(I) except as provided in subclause (II), for 
a term of not less than 5 years; or 
(II) for a term of less than 5 years, if the 
Administrator determines that use of cost-effective 
technologies and practices would result in the pay-
back of expenses. 
(B) INCLUSION.—The term ‘‘GSA facility’’ includes any 
group of buildings, structures, or facilities described in 
subparagraph (A) (including the associated energy-con-
suming support systems of the buildings, structures, and 
facilities). 
(C) EXEMPTION.—The Administrator may exempt from 
the definition of ‘‘GSA facility’’ under this paragraph a 
building, structure, or facility that meets the requirements 
of section 543(c) of Public Law 95–619 (42 U.S.C. 8253(c)). 
(12) HIGH-PERFORMANCE
BUILDING.—The term ‘‘high- 
performance building’’ means a building that integrates and 
optimizes on a life cycle basis all major high performance 
attributes, including energy conservation, environment, safety, 
security, durability, accessibility, cost-benefit, productivity, 
sustainability, functionality, and operational considerations. 
(13) HIGH-PERFORMANCE
GREEN
BUILDING.—The term 
‘‘high-performance green building’’ means a high-performance 
building that, during its life-cycle, as compared with similar 
buildings (as measured by Commercial Buildings Energy 
Consumption Survey or Residential Energy Consumption 
Survey data from the Energy Information Agency)— 
(A) reduces energy, water, and material resource use; 
(B) improves indoor environmental quality, including 
reducing indoor pollution, improving thermal comfort, and 
improving lighting and acoustic environments that affect 
occupant health and productivity; 
(C) reduces negative impacts on the environment 
throughout the life-cycle of the building, including air and 
water pollution and waste generation; 
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121 STAT. 1599 
PUBLIC LAW 110–140—DEC. 19, 2007 
(D) increases the use of environmentally preferable 
products, including biobased, recycled content, and nontoxic 
products with lower life-cycle impacts; 
(E) increases reuse and recycling opportunities; 
(F) integrates systems in the building; 
(G) reduces the environmental and energy impacts of 
transportation through building location and site design 
that support a full range of transportation choices for users 
of the building; and 
(H) considers indoor and outdoor effects of the building 
on human health and the environment, including— 
(i) improvements in worker productivity; 
(ii) the life-cycle impacts of building materials and 
operations; and 
(iii) other factors that the Federal Director or the 
Commercial Director consider to be appropriate. 
(14) LIFE-CYCLE.—The term ‘‘life-cycle’’, with respect to a 
high-performance green building, means all stages of the useful 
life of the building (including components, equipment, systems, 
and controls of the building) beginning at conception of a high- 
performance green building project and continuing through site 
selection, design, construction, landscaping, commissioning, 
operation, maintenance, renovation, deconstruction or demoli-
tion, removal, and recycling of the high-performance green 
building. 
(15) LIFE-CYCLE ASSESSMENT.—The term ‘‘life-cycle assess-
ment’’ means a comprehensive system approach for measuring 
the environmental performance of a product or service over 
the life of the product or service, beginning at raw materials 
acquisition and continuing through manufacturing, transpor-
tation, installation, use, reuse, and end-of-life waste manage-
ment. 
(16) LIFE-CYCLE
COSTING.—The term ‘‘life-cycle costing’’, 
with respect to a high-performance green building, means a 
technique of economic evaluation that— 
(A) sums, over a given study period, the costs of initial 
investment (less resale value), replacements, operations 
(including energy use), and maintenance and repair of an 
investment decision; and 
(B) is expressed— 
(i) in present value terms, in the case of a study 
period equivalent to the longest useful life of the 
building, determined by taking into consideration the 
typical life of such a building in the area in which 
the building is to be located; or 
(ii) in annual value terms, in the case of any 
other study period. 
(17) OFFICE
OF
COMMERCIAL
HIGH-PERFORMANCE
GREEN 
BUILDINGS.—The term ‘‘Office of Commercial High-Performance 
Green Buildings’’ means the Office of Commercial High- 
Performance Green Buildings established under section 421(a). 
(18) OFFICE
OF
FEDERAL
HIGH-PERFORMANCE
GREEN 
BUILDINGS.—The term ‘‘Office of Federal High-Performance 
Green Buildings’’ means the Office of Federal High-Performance 
Green Buildings established under section 436(a). 
(19) PRACTICES.—The term ‘‘practices’’ means design, 
financing, permitting, construction, commissioning, operation 
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121 STAT. 1600 
PUBLIC LAW 110–140—DEC. 19, 2007 
and maintenance, and other practices that contribute to 
achieving zero-net-energy buildings or facilities. 
(20) ZERO-NET-ENERGY COMMERCIAL BUILDING.—The term 
‘‘zero-net-energy commercial building’’ means a commercial 
building that is designed, constructed, and operated to— 
(A) require a greatly reduced quantity of energy to 
operate; 
(B) meet the balance of energy needs from sources 
of energy that do not produce greenhouse gases; 
(C) therefore result in no net emissions of greenhouse 
gases; and 
(D) be economically viable. 
Subtitle A—Residential Building Efficiency 
SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PRO-
GRAM. 
(a) IN GENERAL.—Section 422 of the Energy Conservation and 
Production Act (42 U.S.C. 6872) is amended by striking ‘‘appro-
priated $500,000,000 for fiscal year 2006, $600,000,000 for fiscal 
year 2007, and $700,000,000 for fiscal year 2008’’ and inserting 
‘‘appropriated— 
‘‘(1) $750,000,000 for fiscal year 2008; 
‘‘(2) $900,000,000 for fiscal year 2009; 
‘‘(3) $1,050,000,000 for fiscal year 2010; 
‘‘(4) $1,200,000,000 for fiscal year 2011; and 
‘‘(5) $1,400,000,000 for fiscal year 2012.’’. 
(b) 
SUSTAINABLE
ENERGY
RESOURCES
FOR
CONSUMERS 
GRANTS.— 
(1) IN GENERAL.—The Secretary may make funding avail-
able to local weatherization agencies from amounts authorized 
under the amendment made by subsection (a) to expand the 
weatherization assistance program for residential buildings to 
include materials, benefits, and renewable and domestic energy 
technologies not covered by the program (as of the date of 
enactment of this Act), if the State weatherization grantee 
certifies that the applicant has the capacity to carry out the 
proposed activities and that the grantee will include the project 
in the financial oversight of the grantee of the weatherization 
assistance program. 
(2) PRIORITY.—In selecting grant recipients under this sub-
section, the Secretary shall give priority to— 
(A) the expected effectiveness and benefits of the pro-
posed project to low- and moderate-income energy con-
sumers; 
(B) the potential for replication of successful results; 
(C) the impact on the health and safety and energy 
costs of consumers served; and 
(D) the extent of partnerships with other public and 
private entities that contribute to the resources and 
implementation of the program, including financial partner-
ships. 
(3) FUNDING.— 
(A) IN GENERAL.—Except as provided in paragraph (2), 
the amount of funds used for projects described in para-
graph (1) may equal up to 2 percent of the amount of 
42 USC 6872 
note. 
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121 STAT. 1601 
PUBLIC LAW 110–140—DEC. 19, 2007 
funds made available for any fiscal year under section 
422 of the Energy Conservation and Production Act (42 
U.S.C. 6872). 
(B) EXCEPTION.—No funds may be used for sustainable 
energy resources for consumers grants for a fiscal year 
under this subsection if the amount of funds made available 
for the fiscal year to carry out the Weatherization Assist-
ance Program for Low-Income Persons established under 
part A of title IV of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6861 et seq.) is less than $275,000,000. 
(c) DEFINITION OF STATE.—Section 412 of the Energy Conserva-
tion and Production Act (42 U.S.C. 6862) is amended by striking 
paragraph (8) and inserting the following: 
‘‘(8) STATE.—The term ‘State’ means— 
‘‘(A) a State; 
‘‘(B) the District of Columbia; 
‘‘(C) the Commonwealth of Puerto Rico; and 
‘‘(D) any other territory or possession of the United 
States.’’. 
SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PROGRAMS. 
(a) IN GENERAL.—Not later than 120 days after the date of 
enactment of this Act, the Secretary shall conduct, and submit 
to Congress a report on, a study regarding the rebate programs 
established under sections 124 and 206(c) of the Energy Policy 
Act of 2005 (42 U.S.C. 15821, 15853). 
(b) COMPONENTS.—In conducting the study, the Secretary 
shall— 
(1) develop a plan for how the rebate programs would 
be carried out if the programs were funded; and 
(2) determine the minimum amount of funding the program 
would need to receive in order to accomplish the goals of the 
programs. 
SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFAC-
TURED HOUSING. 
(a) ESTABLISHMENT OF STANDARDS.— 
(1) IN GENERAL.—Not later than 4 years after the date 
of enactment of this Act, the Secretary shall by regulation 
establish standards for energy efficiency in manufactured 
housing. 
(2) NOTICE, COMMENT, AND
CONSULTATION.—Standards 
described in paragraph (1) shall be established after— 
(A) notice and an opportunity for comment by manufac-
turers of manufactured housing and other interested par-
ties; and 
(B) consultation with the Secretary of Housing and 
Urban Development, who may seek further counsel from 
the Manufactured Housing Consensus Committee. 
(b) REQUIREMENTS.— 
(1) INTERNATIONAL
ENERGY
CONSERVATION
CODE.—The 
energy conservation standards established under this section 
shall be based on the most recent version of the International 
Energy Conservation Code (including supplements), except in 
cases in which the Secretary finds that the code is not cost- 
effective, or a more stringent standard would be more cost- 
effective, based on the impact of the code on the purchase 
Deadline. 
Regulations. 
42 USC 17071. 
Deadline. 
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121 STAT. 1602 
PUBLIC LAW 110–140—DEC. 19, 2007 
price of manufactured housing and on total life-cycle construc-
tion and operating costs. 
(2) CONSIDERATIONS.—The energy conservation standards 
established under this section may— 
(A) take into consideration the design and factory 
construction techniques of manufactured homes; 
(B) be based on the climate zones established by the 
Department of Housing and Urban Development rather 
than the climate zones under the International Energy 
Conservation Code; and 
(C) provide for alternative practices that result in net 
estimated energy consumption equal to or less than the 
specified standards. 
(3) UPDATING.—The energy conservation standards estab-
lished under this section shall be updated not later than— 
(A) 1 year after the date of enactment of this Act; 
and 
(B) 1 year after any revision to the International 
Energy Conservation Code. 
(c) ENFORCEMENT.—Any manufacturer of manufactured housing 
that violates a provision of the regulations under subsection (a) 
is liable to the United States for a civil penalty in an amount 
not exceeding 1 percent of the manufacturer’s retail list price of 
the manufactured housing. 
Subtitle B—High-Performance Commercial 
Buildings 
SEC. 421. COMMERCIAL HIGH-PERFORMANCE GREEN BUILDINGS. 
(a) DIRECTOR
OF
COMMERCIAL
HIGH-PERFORMANCE
GREEN 
BUILDINGS.—Notwithstanding any other provision of law, the Sec-
retary, acting through the Assistant Secretary of Energy Efficiency 
and Renewable Energy, shall appoint a Director of Commercial 
High-Performance Green Buildings to a position in the career- 
reserved Senior Executive service, with the principal responsibility 
to— 
(1) establish and manage the Office of Commercial High- 
Performance Green Buildings; and 
(2) carry out other duties as required under this subtitle. 
(b) QUALIFICATIONS.—The Commercial Director shall be an indi-
vidual, who by reason of professional background and experience, 
is specifically qualified to carry out the duties required under this 
subtitle. 
(c) DUTIES.—The Commercial Director shall, with respect to 
development of high-performance green buildings and zero-energy 
commercial buildings nationwide— 
(1) coordinate the activities of the Office of Commercial 
High-Performance Green Buildings with the activities of the 
Office of Federal High-Performance Green Buildings; 
(2) develop the legal predicates and agreements for, nego-
tiate, and establish one or more public-private partnerships 
with the Consortium, members of the Consortium, and other 
capable parties meeting the qualifications of the Consortium, 
to further such development; 
(3) represent the public and the Department in negotiating 
and performing in accord with such public-private partnerships; 
Appointment. 
42 USC 17081. 
Deadlines. 
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121 STAT. 1603 
PUBLIC LAW 110–140—DEC. 19, 2007 
(4) use appropriated funds in an effective manner to encour-
age the maximum investment of private funds to achieve such 
development; 
(5) promote research and development of high-performance 
green buildings, consistent with section 423; and 
(6) jointly establish with the Federal Director a national 
high-performance green building clearinghouse in accordance 
with section 423(1), which shall provide high-performance green 
building 
information 
and 
disseminate 
research 
results 
through— 
(A) outreach; 
(B) education; and 
(C) the provision of technical assistance. 
(d) REPORTING.—The Commercial Director shall report directly 
to the Assistant Secretary for Energy Efficiency and Renewable 
Energy, or to other senior officials in a way that facilitates the 
integrated program of this subtitle for both energy efficiency and 
renewable energy and both technology development and technology 
deployment. 
(e) COORDINATION.—The Commercial Director shall ensure full 
coordination of high-performance green building information and 
activities, including activities under this subtitle, within the Federal 
Government by working with the General Services Administration 
and all relevant agencies, including, at a minimum— 
(1) the Environmental Protection Agency; 
(2) the Office of the Federal Environmental Executive; 
(3) the Office of Federal Procurement Policy; 
(4) the Department of Energy, particularly the Federal 
Energy Management Program; 
(5) the Department of Health and Human Services; 
(6) the Department of Housing and Urban Development; 
(7) the Department of Defense; 
(8) the National Institute of Standards and Technology; 
(9) the Department of Transportation; 
(10) the Office of Science Technology and Policy; and 
(11) such nonprofit high-performance green building rating 
and analysis entities as the Commercial Director determines 
can offer support, expertise, and review services. 
(f) HIGH-PERFORMANCE GREEN BUILDING PARTNERSHIP CONSOR-
TIUM.— 
(1) RECOGNITION.—Not later than 90 days after the date 
of enactment of this Act, the Commercial Director shall formally 
recognize one or more groups that qualify as a high-performance 
green building partnership consortium. 
(2) REPRESENTATION TO QUALIFY.—To qualify under this 
section, any consortium shall include representation from— 
(A) the design professions, including national associa-
tions of architects and of professional engineers; 
(B) the development, construction, financial, and real 
estate industries; 
(C) building owners and operators from the public and 
private sectors; 
(D) academic and research organizations, including at 
least one national laboratory with extensive commercial 
building energy expertise; 
(E) building code agencies and organizations, including 
a model energy code-setting organization; 
Deadline. 
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121 STAT. 1604 
PUBLIC LAW 110–140—DEC. 19, 2007 
(F) independent high-performance green building 
associations or councils; 
(G) experts in indoor air quality and environmental 
factors; 
(H) experts in intelligent buildings and integrated 
building information systems; 
(I) utility energy efficiency programs; 
(J) manufacturers and providers of equipment and 
techniques used in high-performance green buildings; 
(K) public transportation industry experts; and 
(L) nongovernmental energy efficiency organizations. 
(3) FUNDING.—The Secretary may make payments to the 
Consortium pursuant to the terms of a public-private partner-
ship for such activities of the Consortium undertaken under 
such a partnership as described in this subtitle directly to 
the Consortium or through one or more of its members. 
(g) REPORT.—Not later than 2 years after the date of enactment 
of this Act, and biennially thereafter, the Commercial Director, 
in consultation with the Consortium, shall submit to Congress 
a report that— 
(1) describes the status of the high-performance green 
building initiatives under this subtitle and other Federal pro-
grams affecting commercial high-performance green buildings 
in effect as of the date of the report, including— 
(A) the extent to which the programs are being carried 
out in accordance with this subtitle; and 
(B) the status of funding requests and appropriations 
for those programs; and 
(2) summarizes and highlights development, at the State 
and local level, of high-performance green building initiatives, 
including executive orders, policies, or laws adopted promoting 
high-performance green building (including the status of 
implementation of those initiatives). 
SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE. 
(a) DEFINITIONS.—In this section: 
(1) CONSORTIUM.—The term ‘‘consortium’’ means a High- 
Performance Green Building Consortium selected by the 
Commercial Director. 
(2) INITIATIVE.—The term ‘‘initiative’’ means the Zero-Net- 
Energy Commercial Buildings Initiative established under sub-
section (b)(1). 
(3) ZERO-NET-ENERGY
COMMERCIAL
BUILDING.—The term 
‘‘zero-net-energy commercial building’’ means a high-perform-
ance commercial building that is designed, constructed, and 
operated— 
(A) to require a greatly reduced quantity of energy 
to operate; 
(B) to meet the balance of energy needs from sources 
of energy that do not produce greenhouse gases; 
(C) in a manner that will result in no net emissions 
of greenhouse gases; and 
(D) to be economically viable. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Commercial Director shall establish 
an initiative, to be known as the ‘‘Zero-Net-Energy Commercial 
Buildings Initiative’’— 
42 USC 17082. 
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121 STAT. 1605 
PUBLIC LAW 110–140—DEC. 19, 2007 
(A) to reduce the quantity of energy consumed by 
commercial buildings located in the United States; and 
(B) to achieve the development of zero net energy 
commercial buildings in the United States. 
(2) CONSORTIUM.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commercial Director 
shall competitively select, and enter into an agreement 
with, a consortium to develop and carry out the initiative. 
(B) AGREEMENTS.—In entering into an agreement with 
a consortium under subparagraph (A), the Commercial 
Director shall use the authority described in section 646(g) 
of the Department of Energy Organization Act (42 U.S.C. 
7256(g)), to the maximum extent practicable. 
(c) GOAL OF INITIATIVE.—The goal of the initiative shall be 
to develop and disseminate technologies, practices, and policies 
for the development and establishment of zero net energy commer-
cial buildings for— 
(1) any commercial building newly constructed in the 
United States by 2030; 
(2) 50 percent of the commercial building stock of the 
United States by 2040; and 
(3) all commercial buildings in the United States by 2050. 
(d) COMPONENTS.—In carrying out the initiative, the Commer-
cial Director, in consultation with the consortium, may— 
(1) conduct research and development on building science, 
design, materials, components, equipment and controls, oper-
ation and other practices, integration, energy use measurement, 
and benchmarking; 
(2) conduct pilot programs and demonstration projects to 
evaluate replicable approaches to achieving energy efficient 
commercial buildings for a variety of building types in a variety 
of climate zones; 
(3) conduct deployment, dissemination, and technical assist-
ance activities to encourage widespread adoption of tech-
nologies, practices, and policies to achieve energy efficient 
commercial buildings; 
(4) conduct other research, development, demonstration, 
and deployment activities necessary to achieve each goal of 
the initiative, as determined by the Commercial Director, in 
consultation with the consortium; 
(5) develop training materials and courses for building 
professionals and trades on achieving cost-effective high- 
performance energy efficient buildings; 
(6) develop and disseminate public education materials to 
share information on the benefits and cost-effectiveness of high- 
performance energy efficient buildings; 
(7) support code-setting organizations and State and local 
governments in developing minimum performance standards 
in building codes that recognize the ready availability of many 
technologies utilized in high-performance energy efficient 
buildings; 
(8) develop strategies for overcoming the split incentives 
between builders and purchasers, and landlords and tenants, 
to ensure that energy efficiency and high-performance invest-
ments are made that are cost-effective on a lifecycle basis; 
and 
Deadline. 
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121 STAT. 1606 
PUBLIC LAW 110–140—DEC. 19, 2007 
(9) 
develop 
improved 
means 
of 
measurement 
and 
verification of energy savings and performance for public 
dissemination. 
(e) COST SHARING.—In carrying out this section, the Commer-
cial Director shall require cost sharing in accordance with section 
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $20,000,000 for fiscal year 2008; 
(2) $50,000,000 for each of fiscal years 2009 and 2010; 
(3) $100,000,000 for each of fiscal years 2011 and 2012; 
and 
(4) $200,000,000 for each of fiscal years 2013 through 2018. 
SEC. 423. PUBLIC OUTREACH. 
The Commercial Director and Federal Director, in coordination 
with the Consortium, shall carry out public outreach to inform 
individuals and entities of the information and services available 
governmentwide by— 
(1) establishing and maintaining a national high-perform-
ance green building clearinghouse, including on the Internet, 
that— 
(A) identifies existing similar efforts and coordinates 
activities of common interest; and 
(B) provides information relating to high-performance 
green buildings, including hyperlinks to Internet sites that 
describe the activities, information, and resources of— 
(i) the Federal Government; 
(ii) State and local governments; 
(iii) the private sector (including nongovernmental 
and nonprofit entities and organizations); and 
(iv) international organizations; 
(2) identifying and recommending educational resources 
for implementing high-performance green building practices, 
including security and emergency benefits and practices; 
(3) providing access to technical assistance, tools, and 
resources for constructing high-performance green buildings, 
particularly tools to conduct life-cycle costing and life-cycle 
assessment; 
(4) providing information on application processes for certi-
fying a high-performance green building, including certification 
and commissioning; 
(5) providing to the public, through the Commercial 
Director, technical and research information or other forms 
of assistance or advice that would be useful in planning and 
constructing high-performance green buildings; 
(6) using such additional methods as are determined by 
the Commercial Director to be appropriate to conduct public 
outreach; 
(7) surveying existing research and studies relating to high- 
performance green buildings; and 
(8) coordinating activities of common interest. 
42 USC 17083. 
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121 STAT. 1607 
PUBLIC LAW 110–140—DEC. 19, 2007 
Subtitle C—High-Performance Federal 
Buildings 
SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILDINGS. 
Section 543(a)(1) of the National Energy Conservation Policy 
Act (42 U.S.C. 8253(a)(1)) is amended by striking the table and 
inserting the following: 
‘‘Fiscal Year 
Percentage 
Reduction 
2006 ...................................................................................................
2
2007 ...................................................................................................
4
2008 ...................................................................................................
9
2009 ...................................................................................................
12
2010 ...................................................................................................
15
2011 ...................................................................................................
18
2012 ...................................................................................................
21
2013 ...................................................................................................
24
2014 ...................................................................................................
27
2015 ...................................................................................................
30.’’. 
SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FED-
ERAL BUILDINGS. 
Section 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is amended by adding at the end the following: 
‘‘(f) USE
OF ENERGY
AND WATER EFFICIENCY MEASURES
IN 
FEDERAL BUILDINGS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COMMISSIONING.—The term ‘commissioning’, with 
respect to a facility, means a systematic process— 
‘‘(i) of ensuring, using appropriate verification and 
documentation, during the period beginning on the 
initial day of the design phase of the facility and ending 
not earlier than 1 year after the date of completion 
of construction of the facility, that all facility systems 
perform interactively in accordance with— 
‘‘(I) the design documentation and intent of 
the facility; and 
‘‘(II) the operational needs of the owner of 
the facility, including preparation of operation per-
sonnel; and 
‘‘(ii) the primary goal of which is to ensure fully 
functional systems that can be properly operated and 
maintained during the useful life of the facility. 
‘‘(B) ENERGY MANAGER.— 
‘‘(i) IN GENERAL.—The term ‘energy manager’, with 
respect to a facility, means the individual who is 
responsible for— 
‘‘(I) ensuring compliance with this subsection 
by the facility; and 
‘‘(II) reducing energy use at the facility. 
‘‘(ii) INCLUSIONS.—The term ‘energy manager’ may 
include— 
‘‘(I) a contractor of a facility; 
‘‘(II) a part-time employee of a facility; and 
‘‘(III) an individual who is responsible for mul-
tiple facilities. 
‘‘(C) FACILITY.— 
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121 STAT. 1608 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) IN GENERAL.—The term ‘facility’ means any 
building, installation, structure, or other property 
(including any applicable fixtures) owned or operated 
by, or constructed or manufactured and leased to, the 
Federal Government. 
‘‘(ii) INCLUSIONS.—The term ‘facility’ includes— 
‘‘(I) a group of facilities at a single location 
or multiple locations managed as an integrated 
operation; and 
‘‘(II) contractor-operated facilities owned by 
the Federal Government. 
‘‘(iii) EXCLUSIONS.—The term ‘facility’ does not 
include any land or site for which the cost of utilities 
is not paid by the Federal Government. 
‘‘(D) LIFE CYCLE COST-EFFECTIVE.—The term ‘life cycle 
cost-effective’, with respect to a measure, means a measure, 
the estimated savings of which exceed the estimated costs 
over the lifespan of the measure, as determined in accord-
ance with section 544. 
‘‘(E) PAYBACK PERIOD.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the term 
‘payback period’, with respect to a measure, means 
a value equal to the quotient obtained by dividing— 
‘‘(I) the estimated initial implementation cost 
of the measure (other than financing costs); by 
‘‘(II) the annual cost savings resulting from 
the measure, including— 
‘‘(aa) net savings in estimated energy and 
water costs; and 
‘‘(bb) operations, maintenance, repair, 
replacement, and other direct costs. 
‘‘(ii) MODIFICATIONS
AND
EXCEPTIONS.—The Sec-
retary, in guidelines issued pursuant to paragraph (6), 
may make such modifications and provide such excep-
tions to the calculation of the payback period of a 
measure as the Secretary determines to be appropriate 
to achieve the purposes of this Act. 
‘‘(F) RECOMMISSIONING.—The term ‘recommissioning’ 
means a process— 
‘‘(i) of commissioning a facility or system beyond 
the project development and warranty phases of the 
facility or system; and 
‘‘(ii) the primary goal of which is to ensure 
optimum performance of a facility, in accordance with 
design or current operating needs, over the useful life 
of the facility, while meeting building occupancy 
requirements. 
‘‘(G) RETROCOMMISSIONING.—The term ‘retrocommis- 
sioning’ means a process of commissioning a facility or 
system that was not commissioned at the time of construc-
tion of the facility or system. 
‘‘(2) FACILITY ENERGY MANAGERS.— 
‘‘(A) IN GENERAL.—Each Federal agency shall designate 
an energy manager responsible for implementing this sub-
section and reducing energy use at each facility that meets 
criteria under subparagraph (B). 
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121 STAT. 1609 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) COVERED FACILITIES.—The Secretary shall develop 
criteria, after consultation with affected agencies, energy 
efficiency advocates, and energy and utility service pro-
viders, that cover, at a minimum, Federal facilities, 
including central utility plants and distribution systems 
and other energy intensive operations, that constitute at 
least 75 percent of facility energy use at each agency. 
‘‘(3) ENERGY AND WATER EVALUATIONS.— 
‘‘(A) EVALUATIONS.—Effective beginning on the date 
that is 180 days after the date of enactment of this sub-
section and annually thereafter, energy managers shall 
complete, for each calendar year, a comprehensive energy 
and water evaluation for approximately 25 percent of the 
facilities of each agency that meet the criteria under para-
graph (2)(B) in a manner that ensures that an evaluation 
of each such facility is completed at least once every 4 
years. 
‘‘(B) RECOMMISSIONING AND RETROCOMMISSIONING.—As 
part of the evaluation under subparagraph (A), the energy 
manager shall identify and assess recommissioning meas-
ures (or, if the facility has never been commissioned, 
retrocommissioning measures) for each such facility. 
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER 
EFFICIENCY
MEASURES.—Not later than 2 years after the 
completion of each evaluation under paragraph (3), each energy 
manager may— 
‘‘(A) implement any energy- or water-saving measure 
that the Federal agency identified in the evaluation con-
ducted under paragraph (3) that is life cycle cost-effective; 
and 
‘‘(B) bundle individual measures of varying paybacks 
together into combined projects. 
‘‘(5) FOLLOW-UP
ON
IMPLEMENTED
MEASURES.—For each 
measure implemented under paragraph (4), each energy man-
ager shall ensure that— 
‘‘(A) equipment, including building and equipment con-
trols, is fully commissioned at acceptance to be operating 
at design specifications; 
‘‘(B) a plan for appropriate operations, maintenance, 
and repair of the equipment is in place at acceptance 
and is followed; 
‘‘(C) equipment and system performance is measured 
during its entire life to ensure proper operations, mainte-
nance, and repair; and 
‘‘(D) energy and water savings are measured and 
verified. 
‘‘(6) GUIDELINES.— 
‘‘(A) IN GENERAL.—The Secretary shall issue guidelines 
and necessary criteria that each Federal agency shall follow 
for implementation of— 
‘‘(i) paragraphs (2) and (3) not later than 180 days 
after the date of enactment of this subsection; and 
‘‘(ii) paragraphs (4) and (5) not later than 1 year 
after the date of enactment of this subsection. 
‘‘(B) RELATIONSHIP TO FUNDING SOURCE.—The guide-
lines issued by the Secretary under subparagraph (A) shall 
be appropriate and uniform for measures funded with each 
Deadlines. 
Deadline. 
Effective date. 
Criteria. 
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121 STAT. 1610 
PUBLIC LAW 110–140—DEC. 19, 2007 
type of funding made available under paragraph (10), but 
may distinguish between different types of measures 
project size, and other criteria the Secretary determines 
are relevant. 
‘‘(7) WEB-BASED CERTIFICATION.— 
‘‘(A) IN
GENERAL.—For each facility that meets the 
criteria established by the Secretary under paragraph 
(2)(B), the energy manager shall use the web-based 
tracking system under subparagraph (B) to certify compli-
ance with the requirements for— 
‘‘(i) energy and water evaluations under paragraph 
(3); 
‘‘(ii) implementation of identified energy and water 
measures under paragraph (4); and 
‘‘(iii) follow-up on implemented measures under 
paragraph (5). 
‘‘(B) DEPLOYMENT.— 
‘‘(i) IN GENERAL.—Not later than 1 year after the 
date of enactment of this subsection, the Secretary 
shall develop and deploy a web-based tracking system 
required under this paragraph in a manner that tracks, 
at a minimum— 
‘‘(I) the covered facilities; 
‘‘(II) the status of meeting the requirements 
specified in subparagraph (A); 
‘‘(III) the estimated cost and savings for meas-
ures required to be implemented in a facility; 
‘‘(IV) the measured savings and persistence 
of savings for implemented measures; and 
‘‘(V) the benchmarking information disclosed 
under paragraph (8)(C). 
‘‘(ii) EASE OF COMPLIANCE.—The Secretary shall 
ensure that energy manager compliance with the 
requirements in this paragraph, to the maximum 
extent practicable— 
‘‘(I) can be accomplished with the use of 
streamlined procedures and templates that mini-
mize the time demands on Federal employees; and 
‘‘(II) is coordinated with other applicable 
energy reporting requirements. 
‘‘(C) AVAILABILITY.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the Sec-
retary shall make the web-based tracking system 
required under this paragraph available to Congress, 
other Federal agencies, and the public through the 
Internet. 
‘‘(ii) EXEMPTIONS.—At the request of a Federal 
agency, the Secretary may exempt specific data for 
specific facilities from disclosure under clause (i) for 
national security purposes. 
‘‘(8) BENCHMARKING OF FEDERAL FACILITIES.— 
‘‘(A) IN
GENERAL.—The energy manager shall enter 
energy use data for each metered building that is (or is 
a part of) a facility that meets the criteria established 
by the Secretary under paragraph (2)(B) into a building 
energy use benchmarking system, such as the Energy Star 
Portfolio Manager. 
Internet. 
Deadline. 
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121 STAT. 1611 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) SYSTEM AND GUIDANCE.—Not later than 1 year 
after the date of enactment of this subsection, the Secretary 
shall— 
‘‘(i) select or develop the building energy use 
benchmarking system required under this paragraph 
for each type of building; and 
‘‘(ii) issue guidance for use of the system. 
‘‘(C) PUBLIC DISCLOSURE.—Each energy manager shall 
post the information entered into, or generated by, a 
benchmarking system under this subsection, on the web- 
based tracking system under paragraph (7)(B). The energy 
manager shall update such information each year, and 
shall include in such reporting previous years’ information 
to allow changes in building performance to be tracked 
over time. 
‘‘(9) FEDERAL AGENCY SCORECARDS.— 
‘‘(A) IN
GENERAL.—The Director of the Office of 
Management and Budget shall issue semiannual scorecards 
for energy management activities carried out by each Fed-
eral agency that includes— 
‘‘(i) summaries of the status of implementing the 
various requirements of the agency and its energy 
managers under this subsection; and 
‘‘(ii) any other means of measuring performance 
that the Director considers appropriate. 
‘‘(B) AVAILABILITY.—The Director shall make the score-
cards required under this paragraph available to Congress, 
other Federal agencies, and the public through the Internet. 
‘‘(10) FUNDING AND IMPLEMENTATION.— 
‘‘(A) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this subsection. 
‘‘(B) FUNDING OPTIONS.— 
‘‘(i) IN
GENERAL.—To carry out this subsection, 
a Federal agency may use any combination of— 
‘‘(I) appropriated funds made available under 
subparagraph (A); and 
‘‘(II) private financing otherwise authorized 
under Federal law, including financing available 
through energy savings performance contracts or 
utility energy service contracts. 
‘‘(ii) COMBINED FUNDING FOR SAME MEASURE.—A 
Federal agency may use any combination of appro-
priated funds and private financing described in clause 
(i) to carry out the same measure under this subsection. 
‘‘(C) IMPLEMENTATION.—Each Federal agency may 
implement the requirements under this subsection itself 
or may contract out performance of some or all of the 
requirements. 
‘‘(11) RULE OF CONSTRUCTION.—This subsection shall not 
be construed to require or to obviate any contractor savings 
guarantees.’’. 
Internet. 
Deadline. 
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121 STAT. 1612 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
STANDARDS. 
(a) STANDARDS.—Section 305(a)(3) of the Energy Conservation 
and Production Act (42 U.S.C. 6834(a)(3)) is amended by adding 
at the end the following new subparagraph: 
‘‘(D) Not later than 1 year after the date of enactment of 
the Energy Independence and Security Act of 2007, the Secretary 
shall establish, by rule, revised Federal building energy efficiency 
performance standards that require that: 
‘‘(i) For new Federal buildings and Federal buildings under-
going major renovations, with respect to which the Adminis-
trator of General Services is required to transmit a prospectus 
to Congress under section 3307 of title 40, United States Code, 
in the case of public buildings (as defined in section 3301 
of title 40, United States Code), or of at least $2,500,000 in 
costs adjusted annually for inflation for other buildings: 
‘‘(I) The buildings shall be designed so that the fossil 
fuel-generated energy consumption of the buildings is 
reduced, as compared with such energy consumption by 
a similar building in fiscal year 2003 (as measured by 
Commercial Buildings Energy Consumption Survey or Resi-
dential Energy Consumption Survey data from the Energy 
Information Agency), by the percentage specified in the 
following table: 
‘‘Fiscal Year 
Percentage Reduction
2010 ..............................................................
55
2015 ..............................................................
65
2020 ..............................................................
80
2025 ..............................................................
90
2030 ..............................................................
100. 
‘‘(II) Upon petition by an agency subject to this 
subparagraph, the Secretary may adjust the applicable 
numeric requirement under subclause (I) downward with 
respect to a specific building, if the head of the agency 
designing the building certifies in writing that meeting 
such requirement would be technically impracticable in 
light of the agency’s specified functional needs for that 
building and the Secretary concurs with the agency’s 
conclusion. This subclause shall not apply to the General 
Services Administration. 
‘‘(III) Sustainable design principles shall be applied 
to the siting, design, and construction of such buildings. 
Not later than 90 days after the date of enactment of 
the Energy Independence and Security Act of 2007, the 
Secretary, after reviewing the findings of the Federal 
Director under section 436(h) of that Act, in consultation 
with the Administrator of General Services, and in con-
sultation with the Secretary of Defense for considerations 
relating to those facilities under the custody and control 
of the Department of Defense, shall identify a certification 
system and level for green buildings that the Secretary 
determines to be the most likely to encourage a comprehen-
sive and environmentally-sound approach to certification 
of green buildings. The identification of the certification 
system and level shall be based on a review of the Federal 
Applicability. 
Deadline. 
Deadline. 
Regulations. 
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121 STAT. 1613 
PUBLIC LAW 110–140—DEC. 19, 2007 
Director’s findings under section 436(h) of the Energy 
Independence and Security Act of 2007 and the criteria 
specified in clause (iii), shall identify the highest level 
the Secretary determines is appropriate above the min-
imum level required for certification under the system 
selected, and shall achieve results at least comparable to 
the system used by and highest level referenced by the 
General Services Administration as of the date of enact-
ment of the Energy Independence and Security Act of 2007. 
Within 90 days of the completion of each study required 
by clause (iv), the Secretary, in consultation with the 
Administrator of General Services, and in consultation with 
the Secretary of Defense for considerations relating to those 
facilities under the custody and control of the Department 
of Defense, shall review and update the certification system 
and level, taking into account the conclusions of such study. 
‘‘(ii) In establishing criteria for identifying major renova-
tions that are subject to the requirements of this subparagraph, 
the Secretary shall take into account the scope, degree, and 
types of renovations that are likely to provide significant 
opportunities for substantial improvements in energy efficiency. 
‘‘(iii) In identifying the green building certification system 
and level, the Secretary shall take into consideration— 
‘‘(I) the ability and availability of assessors and audi-
tors to independently verify the criteria and measurement 
of metrics at the scale necessary to implement this subpara-
graph; 
‘‘(II) the ability of the applicable certification organiza-
tion to collect and reflect public comment; 
‘‘(III) the ability of the standard to be developed and 
revised through a consensus-based process; 
‘‘(IV) an evaluation of the robustness of the criteria 
for a high-performance green building, which shall give 
credit for promoting— 
‘‘(aa) efficient and sustainable use of water, energy, 
and other natural resources; 
‘‘(bb) use of renewable energy sources; 
‘‘(cc) 
improved 
indoor 
environmental 
quality 
through enhanced indoor air quality, thermal comfort, 
acoustics, day lighting, pollutant source control, and 
use of low-emission materials and building system con-
trols; and 
‘‘(dd) such other criteria as the Secretary deter-
mines to be appropriate; and 
‘‘(V) national recognition within the building industry. 
‘‘(iv) At least once every 5 years, and in accordance with 
section 436 of the Energy Independence and Security Act of 
2007, the Administrator of General Services shall conduct a 
study to evaluate and compare available third-party green 
building certification systems and levels, taking into account 
the criteria listed in clause (iii). 
‘‘(v) The Secretary may by rule allow Federal agencies 
to develop internal certification processes, using certified profes-
sionals, in lieu of certification by the certification entity identi-
fied under clause (i)(III). The Secretary shall include in any 
such rule guidelines to ensure that the certification process 
results in buildings meeting the applicable certification system 
Guidelines. 
Study. 
Deadline. 
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121 STAT. 1614 
PUBLIC LAW 110–140—DEC. 19, 2007 
and level identified under clause (i)(III). An agency employing 
an internal certification process must continue to obtain 
external certification by the certification entity identified under 
clause (i)(III) for at least 5 percent of the total number of 
buildings certified annually by the agency. 
‘‘(vi) With respect to privatized military housing, the Sec-
retary of Defense, after consultation with the Secretary may, 
through rulemaking, develop alternative criteria to those estab-
lished by subclauses (I) and (III) of clause (i) that achieve 
an equivalent result in terms of energy savings, sustainable 
design, and green building performance. 
‘‘(vii) In addition to any use of water conservation tech-
nologies otherwise required by this section, water conservation 
technologies shall be applied to the extent that the technologies 
are life-cycle cost-effective.’’. 
(b) DEFINITIONS.—Section 303(6) of the Energy Conservation 
and Production Act (42 U.S.C. 6832(6)) is amended by striking 
‘‘which is not legally subject to State or local building codes or 
similar requirements.’’ and inserting ‘‘. Such term shall include 
buildings built for the purpose of being leased by a Federal agency, 
and privatized military housing.’’. 
(c) REVISION OF FEDERAL ACQUISITION REGULATION.—Not later 
than 2 years after the date of the enactment of this Act, the 
Federal Acquisition Regulation shall be revised to require Federal 
officers and employees to comply with this section and the amend-
ments made by this section in the acquisition, construction, or 
major renovation of any facility. The members of the Federal 
Acquisition Regulatory Council (established under section 25 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 421)) shall 
consult with the Federal Director and the Commercial Director 
before promulgating regulations to carry out this subsection. 
(d) GUIDANCE.—Not later than 90 days after the date of 
promulgation of the revised regulations under subsection (c), the 
Administrator for Federal Procurement Policy shall issue guidance 
to all Federal procurement executives providing direction and 
instructions to renegotiate the design of proposed facilities and 
major renovations for existing facilities to incorporate improvements 
that are consistent with this section. 
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY. 
(a) LARGE CAPITAL ENERGY INVESTMENTS.—Section 543 of the 
National Energy Conservation Policy Act (42 U.S.C. 8253) is 
amended by adding at the end the following: 
‘‘(f) LARGE CAPITAL ENERGY INVESTMENTS.— 
‘‘(1) IN GENERAL.—Each Federal agency shall ensure that 
any large capital energy investment in an existing building 
that is not a major renovation but involves replacement of 
installed equipment (such as heating and cooling systems), 
or involves renovation, rehabilitation, expansion, or remodeling 
of existing space, employs the most energy efficient designs, 
systems, equipment, and controls that are life-cycle cost effec-
tive. 
‘‘(2) PROCESS FOR REVIEW OF INVESTMENT DECISIONS.—Not 
later than 180 days after the date of enactment of this sub-
section, each Federal agency shall— 
Deadline. 
Deadline. 
Deadline. 
42 USC 6834 
note. 
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121 STAT. 1615 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) develop a process for reviewing each decision made 
on a large capital energy investment described in para-
graph (1) to ensure that the requirements of this subsection 
are met; and 
‘‘(B) report to the Director of the Office of Management 
and Budget on the process established. 
‘‘(3) COMPLIANCE REPORT.—Not later than 1 year after the 
date of enactment of this subsection, the Director of the Office 
of Management and Budget shall evaluate and report to Con-
gress on the compliance of each agency with this subsection.’’. 
(b) METERING.—Section 543(e)(1) of the National Energy Con-
servation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting 
after the second sentence the following: ‘‘Not later than October 
1, 2016, each agency shall provide for equivalent metering of natural 
gas and steam, in accordance with guidelines established by the 
Secretary under paragraph (2).’’. 
SEC. 435. LEASING. 
(a) IN GENERAL.—Except as provided in subsection (b), effective 
beginning on the date that is 3 years after the date of enactment 
of this Act, no Federal agency shall enter into a contract to lease 
space in a building that has not earned the Energy Star label 
in the most recent year. 
(b) EXCEPTION.— 
(1) APPLICATION.—This subsection applies if— 
(A) no space is available in a building described in 
subsection (a) that meets the functional requirements of 
an agency, including locational needs; 
(B) the agency proposes to remain in a building that 
the agency has occupied previously; 
(C) the agency proposes to lease a building of historical, 
architectural, or cultural significance (as defined in section 
3306(a)(4) of title 40, United States Code) or space in 
such a building; or 
(D) the lease is for not more than 10,000 gross square 
feet of space. 
(2) BUILDINGS
WITHOUT
ENERGY
STAR
LABEL.—If one of 
the conditions described in paragraph (2) is met, the agency 
may enter into a contract to lease space in a building that 
has not earned the Energy Star label in the most recent year 
if the lease contract includes provisions requiring that, prior 
to occupancy or, in the case of a contract described in paragraph 
(1)(B), not later than 1 year after signing the contract, the 
space will be renovated for all energy efficiency and conserva-
tion improvements that would be cost effective over the life 
of the lease, including improvements in lighting, windows, and 
heating, ventilation, and air conditioning systems. 
(c) REVISION OF FEDERAL ACQUISITION REGULATION.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of the enactment of this Act, the Federal Acquisition Regulation 
described in section 6(a) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 405(a)) shall be revised to require Federal 
officers and employees to comply with this section in leasing 
buildings. 
(2) CONSULTATION.—The members of the Federal Acquisi-
tion Regulatory Council established under section 25 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 421) shall 
Deadline. 
Deadline. 
Effective date. 
42 USC 17091. 
Deadline. 
Reports. 
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121 STAT. 1616 
PUBLIC LAW 110–140—DEC. 19, 2007 
consult with the Federal Director and the Commercial Director 
before promulgating regulations to carry out this subsection. 
SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS. 
(a) ESTABLISHMENT OF OFFICE.—Not later than 60 days after 
the date of enactment of this Act, the Administrator shall establish 
within the General Services Administration an Office of Federal 
High-Performance Green Buildings, and appoint an individual to 
serve as Federal Director in, a position in the career-reserved 
Senior Executive service, to— 
(1) establish and manage the Office of Federal High- 
Performance Green Buildings; and 
(2) carry out other duties as required under this subtitle. 
(b) COMPENSATION.—The compensation of the Federal Director 
shall not exceed the maximum rate of basic pay for the Senior 
Executive Service under section 5382 of title 5, United States Code, 
including any applicable locality-based comparability payment that 
may be authorized under section 5304(h)(2)(C) of that title. 
(c) DUTIES.—The Federal Director shall— 
(1) coordinate the activities of the Office of Federal High- 
Performance Green Buildings with the activities of the Office 
of Commercial High-Performance Green Buildings, and the Sec-
retary, in accordance with section 305(a)(3)(D) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)); 
(2) ensure full coordination of high-performance green 
building information and activities within the General Services 
Administration and all relevant agencies, including, at a min-
imum— 
(A) the Environmental Protection Agency; 
(B) the Office of the Federal Environmental Executive; 
(C) the Office of Federal Procurement Policy; 
(D) the Department of Energy; 
(E) the Department of Health and Human Services; 
(F) the Department of Defense; 
(G) the Department of Transportation; 
(H) the National Institute of Standards and Tech-
nology; and 
(I) the Office of Science and Technology Policy; 
(3) establish a senior-level Federal Green Building Advisory 
Committee under section 474, which shall provide advice and 
recommendations in accordance with that section and sub-
section (d); 
(4) identify and every 5 years reassess improved or higher 
rating standards recommended by the Advisory Committee; 
(5) ensure full coordination, dissemination of information 
regarding, and promotion of the results of research and develop-
ment information relating to Federal high-performance green 
building initiatives; 
(6) identify and develop Federal high-performance green 
building standards for all types of Federal facilities, consistent 
with the requirements of this subtitle and section 305(a)(3)(D) 
of the Energy Conservation and Production Act (42 U.S.C. 
6834(a)(3)(D)); 
(7) establish green practices that can be used throughout 
the life of a Federal facility; 
Deadline. 
42 USC 17092. 
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121 STAT. 1617 
PUBLIC LAW 110–140—DEC. 19, 2007 
(8) review and analyze current Federal budget practices 
and life-cycle costing issues, and make recommendations to 
Congress, in accordance with subsection (d); and 
(9) identify opportunities to demonstrate innovative and 
emerging green building technologies and concepts. 
(d) ADDITIONAL DUTIES.—The Federal Director, in consultation 
with the Commercial Director and the Advisory Committee, and 
consistent with the requirements of section 305(a)(3)(D) of the 
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) 
shall— 
(1) identify, review, and analyze current budget and con-
tracting practices that affect achievement of high-performance 
green buildings, including the identification of barriers to high- 
performance green building life-cycle costing and budgetary 
issues; 
(2) develop guidance and conduct training sessions with 
budget specialists and contracting personnel from Federal agen-
cies and budget examiners to apply life-cycle cost criteria to 
actual projects; 
(3) identify tools to aid life-cycle cost decisionmaking; and 
(4) explore the feasibility of incorporating the benefits of 
high-performance green buildings, such as security benefits, 
into a cost-budget analysis to aid in life-cycle costing for budget 
and decisionmaking processes. 
(e) INCENTIVES.—Within 90 days after the date of enactment 
of this Act, the Federal Director shall identify incentives to encour-
age the expedited use of high-performance green buildings and 
related technology in the operations of the Federal Government, 
in accordance with the requirements of section 305(a)(3)(D) of the 
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), 
including through— 
(1) the provision of recognition awards; and 
(2) the maximum feasible retention of financial savings 
in the annual budgets of Federal agencies for use in reinvesting 
in future high-performance green building initiatives. 
(f) REPORT.—Not later than 2 years after the date of enactment 
of this Act, and biennially thereafter, the Federal Director, in con-
sultation with the Secretary, shall submit to Congress a report 
that— 
(1) describes the status of compliance with this subtitle, 
the requirements of section 305(a)(3)(D) of the Energy Con-
servation and Production Act (42 U.S.C. 6834(a)(3)(D)), and 
other Federal high-performance green building initiatives in 
effect as of the date of the report, including— 
(A) the extent to which the programs are being carried 
out in accordance with this subtitle and the requirements 
of section 305(a)(3)(D) of that Act; and 
(B) the status of funding requests and appropriations 
for those programs; 
(2) identifies within the planning, budgeting, and construc-
tion process all types of Federal facility procedures that may 
affect the certification of new and existing Federal facilities 
as high-performance green buildings under the provisions of 
section 305(a)(3)(D) of that Act and the criteria established 
in subsection (h); 
Deadline. 
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121 STAT. 1618 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) identifies inconsistencies, as reported to the Advisory 
Committee, in Federal law with respect to product acquisition 
guidelines and high-performance product guidelines; 
(4) recommends language for uniform standards for use 
by Federal agencies in environmentally responsible acquisition; 
(5) in coordination with the Office of Management and 
Budget, reviews the budget process for capital programs with 
respect to alternatives for— 
(A) restructuring of budgets to require the use of com-
plete energy and environmental cost accounting; 
(B) using operations expenditures in budget-related 
decisions while simultaneously incorporating productivity 
and health measures (as those measures can be quantified 
by the Office of Federal High-Performance Green Buildings, 
with the assistance of universities and national labora-
tories); 
(C) streamlining measures for permitting Federal agen-
cies to retain all identified savings accrued as a result 
of the use of life-cycle costing for future high-performance 
green building initiatives; and 
(D) identifying short-term and long-term cost savings 
that accrue from high-performance green buildings, 
including those relating to health and productivity; 
(6) identifies green, self-sustaining technologies to address 
the operational needs of Federal facilities in times of national 
security emergencies, natural disasters, or other dire emer-
gencies; 
(7) summarizes and highlights development, at the State 
and local level, of high-performance green building initiatives, 
including executive orders, policies, or laws adopted promoting 
high-performance green building (including the status of 
implementation of those initiatives); and 
(8) includes, for the 2-year period covered by the report, 
recommendations to address each of the matters, and a plan 
for implementation of each recommendation, described in para-
graphs (1) through (7). 
(g) IMPLEMENTATION.—The Office of Federal High-Performance 
Green Buildings shall carry out each plan for implementation of 
recommendations under subsection (f)(8). 
(h) IDENTIFICATION OF CERTIFICATION SYSTEM.— 
(1) IN GENERAL.—For the purpose of this section, not later 
than 60 days after the date of enactment of this Act, the 
Federal Director shall identify and shall provide to the Sec-
retary pursuant to section 305(a)(3)(D) of the Energy Conserva-
tion and Production Act (42 U.S.C. 6834(a)(3)(D)), a certification 
system that the Director determines to be the most likely 
to encourage a comprehensive and environmentally-sound 
approach to certification of green buildings. 
(2) BASIS.—The system identified under paragraph (1) shall 
be based on— 
(A) a study completed every 5 years and provided 
to the Secretary pursuant to section 305(a)(3)(D) of that 
Act, which shall be carried out by the Federal Director 
to compare and evaluate standards; 
(B) the ability and availability of assessors and audi-
tors to independently verify the criteria and measurement 
of metrics at the scale necessary to implement this subtitle; 
Study. 
Deadline. 
Deadline. 
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121 STAT. 1619 
PUBLIC LAW 110–140—DEC. 19, 2007 
(C) the ability of the applicable standard-setting 
organization to collect and reflect public comment; 
(D) the ability of the standard to be developed and 
revised through a consensus-based process; 
(E) an evaluation of the robustness of the criteria for 
a high-performance green building, which shall give credit 
for promoting— 
(i) efficient and sustainable use of water, energy, 
and other natural resources; 
(ii) use of renewable energy sources; 
(iii) 
improved 
indoor 
environmental 
quality 
through enhanced indoor air quality, thermal comfort, 
acoustics, day lighting, pollutant source control, and 
use of low-emission materials and building system con-
trols; 
(iv) reduced impacts from transportation through 
building location and site design that promote access 
by public transportation; and 
(v) such other criteria as the Federal Director 
determines to be appropriate; and 
(F) national recognition within the building industry. 
SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE. 
(a) IN GENERAL.—Not later than October 31 of each of the 
2 fiscal years following the fiscal year in which this Act is enacted, 
and at such times thereafter as the Comptroller General of the 
United States determines to be appropriate, the Comptroller Gen-
eral of the United States shall, with respect to the fiscal years 
that have passed since the preceding report— 
(1) conduct an audit of the implementation of this subtitle, 
section 305(a)(3)(D) of the Energy Conservation and Production 
Act (42 U.S.C. 6834(a)(3)(D)), and section 435; and 
(2) submit to the Federal Director, the Advisory Committee, 
the Administrator, and Congress a report describing the results 
of the audit. 
(b) CONTENTS.—An audit under subsection (a) shall include 
a review, with respect to the period covered by the report under 
subsection (a)(2), of— 
(1) budget, life-cycle costing, and contracting issues, using 
best practices identified by the Comptroller General of the 
United States and heads of other agencies in accordance with 
section 436(d); 
(2) the level of coordination among the Federal Director, 
the Office of Management and Budget, the Department of 
Energy, and relevant agencies; 
(3) the performance of the Federal Director and other agen-
cies in carrying out the implementation plan; 
(4) the design stage of high-performance green building 
measures; 
(5) high-performance building data that were collected and 
reported to the Office; and 
(6) such other matters as the Comptroller General of the 
United States determines to be appropriate. 
(c) ENVIRONMENTAL STEWARDSHIP SCORECARD.—The Federal 
Director shall consult with the Advisory Committee to enhance, 
and assist in the implementation of, the Office of Management 
and Budget government efficiency reports and scorecards under 
Reports. 
Audit. 
Deadline. 
42 USC 17093. 
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121 STAT. 1620 
PUBLIC LAW 110–140—DEC. 19, 2007 
section 528 and the Environmental Stewardship Scorecard 
announced at the White House summit on Federal sustainable 
buildings in January 2006, to measure the implementation by each 
Federal agency of sustainable design and green building initiatives. 
SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL 
DEVELOPMENT PROJECTS. 
The sponsor of any development or redevelopment project 
involving a Federal facility with a footprint that exceeds 5,000 
square feet shall use site planning, design, construction, and 
maintenance strategies for the property to maintain or restore, 
to the maximum extent technically feasible, the predevelopment 
hydrology of the property with regard to the temperature, rate, 
volume, and duration of flow. 
SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM. 
(a) DEFINITION OF ADMINISTRATOR.—In this section, the term 
‘‘Administrator’’ means the Administrator of General Services. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Administrator shall establish a pro-
gram to accelerate the use of more cost-effective technologies 
and practices at GSA facilities. 
(2) REQUIREMENTS.—The program established under this 
subsection shall— 
(A) ensure centralized responsibility for the coordina-
tion of cost reduction-related recommendations, practices, 
and activities of all relevant Federal agencies; 
(B) provide technical assistance and operational guid-
ance to applicable tenants to achieve the goal identified 
in subsection (c)(2)(B)(ii); 
(C) establish methods to track the success of Federal 
departments and agencies with respect to that goal; and 
(D) be fully coordinated with and no less stringent 
nor less energy-conserving or water-conserving than 
required by other provisions of this Act and other applicable 
law, including sections 321 through 324, 431 through 438, 
461, 511 through 518, and 523 through 525 and amend-
ments made by those sections. 
(c) ACCELERATED USE OF TECHNOLOGIES.— 
(1) REVIEW.— 
(A) IN GENERAL.—As part of the program under this 
section, not later than 90 days after the date of enactment 
of this Act, the Administrator shall conduct a review of— 
(i) current use of cost-effective lighting technologies 
and geothermal heat pumps in GSA facilities; and 
(ii) the availability to managers of GSA facilities 
of cost-effective lighting technologies and geothermal 
heat pumps. 
(B) REQUIREMENTS.—The review under subparagraph 
(A) shall— 
(i) examine the use of cost-effective lighting tech-
nologies, geothermal heat pumps, and other cost-effec-
tive technologies and practices by Federal agencies 
in GSA facilities; and 
(ii) as prepared in consultation with the Adminis-
trator of the Environmental Protection Agency, identify 
cost-effective lighting technology and geothermal heat 
Deadline. 
42 USC 17095. 
42 USC 17094. 
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121 STAT. 1621 
PUBLIC LAW 110–140—DEC. 19, 2007 
pump technology standards that could be used for all 
types of GSA facilities. 
(2) REPLACEMENT.— 
(A) IN GENERAL.—As part of the program under this 
section, not later than 180 days after the date of enactment 
of this Act, the Administrator shall establish, using avail-
able appropriations and programs implementing sections 
432 and 525 (and amendments made by those sections), 
a cost-effective lighting technology and geothermal heat 
pump technology acceleration program to achieve maximum 
feasible replacement of existing lighting, heating, cooling 
technologies with cost-effective lighting technologies and 
geothermal heat pump technologies in each GSA facility. 
Such program shall fully comply with the requirements 
of sections 321 through 324, 431 through 438, 461, 511 
through 518, and 523 through 525 and amendments made 
by those sections and any other provisions of law, which 
shall be applicable to the extent that they are more strin-
gent or would achieve greater energy savings than required 
by this section. 
(B) ACCELERATION PLAN TIMETABLE.— 
(i) IN GENERAL.—To implement the program estab-
lished under subparagraph (A), not later than 1 year 
after the date of enactment of this Act, the Adminis-
trator shall establish a timetable of actions to comply 
with the requirements of this section and sections 431 
through 435, whichever achieves greater energy 
savings most expeditiously, including milestones for 
specific activities needed to replace existing lighting, 
heating, cooling technologies with cost-effective lighting 
technologies and geothermal heat pump technologies, 
to the maximum extent feasible (including at the max-
imum rate feasible), at each GSA facility. 
(ii) GOAL.—The goal of the timetable under clause 
(i) shall be to complete, using available appropriations 
and programs implementing sections 431 through 435 
(and amendments made by those sections), maximum 
feasible replacement of existing lighting, heating, and 
cooling technologies with cost-effective lighting tech-
nologies and geothermal heat pump technologies con-
sistent with the requirements of this section and sec-
tions 431 through 435, whichever achieves greater 
energy savings most expeditiously. Notwithstanding 
any provision of this section, such program shall fully 
comply with the requirements of the Act including 
sections 321 through 324, 431 through 438, 461, 511 
through 518, and 523 through 525 and amendments 
made by those sections and other provisions of law, 
which shall be applicable to the extent that they are 
more stringent or would achieve greater energy or 
water savings than required by this section. 
(d) GSA FACILITY TECHNOLOGIES AND PRACTICES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, and annually thereafter, the Adminis-
trator shall— 
(A) ensure that a manager responsible for imple-
menting section 432 and for accelerating the use of cost- 
Deadline. 
Deadline. 
Deadline. 
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121 STAT. 1622 
PUBLIC LAW 110–140—DEC. 19, 2007 
effective technologies and practices is designated for each 
GSA facility; and 
(B) submit to Congress a plan to comply with section 
432, this section, and other applicable provisions of this 
Act and applicable law with respect to energy and water 
conservation at GSA facilities. 
(2) MEASURES.—The plan shall implement measures 
required by such other provisions of law in accordance with 
those provisions, and shall implement the measures required 
by this section to the maximum extent feasible (including at 
the maximum rate feasible) using available appropriations and 
programs implementing sections 431 through 435 and 525 (and 
amendments made by those sections), by not later than the 
date that is 5 years after the date of enactment of this Act. 
(3) CONTENTS OF PLAN.—The plan shall— 
(A) with respect to cost-effective technologies and prac-
tices— 
(i) identify the specific activities needed to comply 
with sections 431 through 435; 
(ii) identify the specific activities needed to achieve 
at least a 20-percent reduction in operational costs 
through the application of cost-effective technologies 
and practices from 2003 levels at GSA facilities by 
not later than 5 years after the date of enactment 
of this Act; 
(iii) describe activities required and carried out 
to estimate the funds necessary to achieve the reduc-
tion described in clauses (i) and (ii); 
(B) include an estimate of the funds necessary to carry 
out this section; 
(C) describe the status of the implementation of cost- 
effective technologies and practices at GSA facilities, 
including— 
(i) the extent to which programs, including the 
program established under subsection (b), are being 
carried out in accordance with this subtitle; and 
(ii) the status of funding requests and appropria-
tions for those programs; 
(D) identify within the planning, budgeting, and 
construction processes, all types of GSA facility-related 
procedures that inhibit new and existing GSA facilities 
from implementing cost-effective technologies; 
(E) recommend language for uniform standards for 
use by Federal agencies in implementing cost-effective tech-
nologies and practices; 
(F) in coordination with the Office of Management 
and Budget, review the budget process for capital programs 
with respect to alternatives for— 
(i) implementing measures that will assure that 
Federal agencies retain all identified savings accrued 
as a result of the use of cost-effective technologies, 
consistent with section 543(a)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(a)(1), and 
other applicable law; and 
(ii) identifying short- and long-term cost savings 
that accrue from the use of cost-effective technologies 
and practices; 
Deadline. 
Deadline. 
Plan. 
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121 STAT. 1623 
PUBLIC LAW 110–140—DEC. 19, 2007 
(G) with respect to cost-effective technologies and prac-
tices, achieve substantial operational cost savings through 
the application of the technologies; and 
(H) include recommendations to address each of the 
matters, and a plan for implementation of each rec-
ommendation, described in subparagraphs (A) through (G). 
(4) ADMINISTRATION.—Notwithstanding any provision of 
this section, the program required under this section shall 
fully comply with the requirements of sections 321 through 
324, 431 through 438, 461, 511 through 518, and 523 through 
525 and amendments made by those sections, which shall be 
applicable to the extent that they are more stringent or would 
achieve greater energy or water savings than required by this 
section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section, to remain available until expended. 
SEC. 440. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out sections 
434 through 439 and 482 $4,000,000 for each of fiscal years 2008 
through 2012, to remain available until expended. 
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS. 
Section 544(a)(1) of the National Energy Conservation Policy 
Act (42 U.S.C. 8254(a)(1)) is amended by striking ‘‘25’’ and inserting 
‘‘40’’. 
Subtitle D—Industrial Energy Efficiency 
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY. 
(a) IN GENERAL.—Title III of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6291 et seq.) is amended by inserting after 
part D the following: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘SEC. 371. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Environmental Protection Agency. 
‘‘(2) COMBINED HEAT AND POWER.—The term ‘combined heat 
and power system’ means a facility that— 
‘‘(A) simultaneously and efficiently produces useful 
thermal energy and electricity; and 
‘‘(B) recovers not less than 60 percent of the energy 
value in the fuel (on a higher-heating-value basis) in the 
form of useful thermal energy and electricity. 
‘‘(3) NET
EXCESS
POWER.—The term ‘net excess power’ 
means, for any facility, recoverable waste energy recovered 
in the form of electricity in quantities exceeding the total 
consumption of electricity at the specific time of generation 
on the site at which the facility is located. 
‘‘(4) PROJECT.—The term ‘project’ means a recoverable 
waste energy project or a combined heat and power system 
project. 
42 USC 6341. 
42 USC 17096. 
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121 STAT. 1624 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(5) RECOVERABLE WASTE ENERGY.—The term ‘recoverable 
waste energy’ means waste energy from which electricity or 
useful thermal energy may be recovered through modification 
of an existing facility or addition of a new facility. 
‘‘(6) REGISTRY.—The term ‘Registry’ means the Registry 
of Recoverable Waste Energy Sources established under section 
372(d). 
‘‘(7) USEFUL THERMAL ENERGY.—The term ‘useful thermal 
energy’ means energy— 
‘‘(A) in the form of direct heat, steam, hot water, or 
other thermal form that is used in production and beneficial 
measures for heating, cooling, humidity control, process 
use, or other valid thermal end-use energy requirements; 
and 
‘‘(B) for which fuel or electricity would otherwise be 
consumed. 
‘‘(8) WASTE
ENERGY.—The term ‘waste energy’ means— 
‘‘(A) exhaust heat or flared gas from any industrial 
process; 
‘‘(B) waste gas or industrial tail gas that would other-
wise be flared, incinerated, or vented; 
‘‘(C) a pressure drop in any gas, excluding any pressure 
drop to a condenser that subsequently vents the resulting 
heat; and 
‘‘(D) such other forms of waste energy as the Adminis-
trator may determine. 
‘‘(9) OTHER TERMS.—The terms ‘electric utility’, ‘nonregu-
lated electric utility’, ‘State regulated electric utility’, and other 
terms have the meanings given those terms in title I of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2611 
et seq.). 
‘‘SEC. 372. SURVEY AND REGISTRY. 
‘‘(a) RECOVERABLE WASTE ENERGY INVENTORY PROGRAM.— 
‘‘(1) IN GENERAL.—The Administrator, in cooperation with 
the Secretary and State energy offices, shall establish a recover-
able waste energy inventory program. 
‘‘(2) SURVEY.—The program shall include— 
‘‘(A) an ongoing survey of all major industrial and 
large commercial combustion sources in the United States 
(as defined by the Administrator) and the sites at which 
the sources are located; and 
‘‘(B) a review of each source for the quantity and 
quality of waste energy produced at the source. 
‘‘(b) CRITERIA.— 
‘‘(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of the Energy Independence and Security Act 
of 2007, the Administrator shall publish a rule for establishing 
criteria for including sites in the Registry. 
‘‘(2) INCLUSIONS.—The criteria shall include— 
‘‘(A) a requirement that, to be included in the Registry, 
a project at the site shall be determined to be economically 
feasible by virtue of offering a payback of invested costs 
not later than 5 years after the date of first full project 
operation (including incentives offered under this part); 
‘‘(B) standards to ensure that projects proposed for 
inclusion in the Registry are not developed or used for 
Deadline. 
Publication. 
Regulations. 
42 USC 6342. 
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121 STAT. 1625 
PUBLIC LAW 110–140—DEC. 19, 2007 
the primary purpose of making sales of excess electric 
power under the regulatory provisions of this part; and 
‘‘(C) procedures for contesting the listing of any source 
or site on the Registry by any State, utility, or other 
interested person. 
‘‘(c) TECHNICAL SUPPORT.—On the request of the owner or oper-
ator of a source or site included in the Registry, the Secretary 
shall— 
‘‘(1) provide to owners or operators of combustion sources 
technical support; and 
‘‘(2) offer partial funding (in an amount equal to not more 
than one-half of total costs) for feasibility studies to confirm 
whether or not investment in recovery of waste energy or 
combined heat and power at a source would offer a payback 
period of 5 years or less. 
‘‘(d) REGISTRY.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—Not later than 1 year after the 
date of enactment of the Energy Independence and Security 
Act of 2007, the Administrator shall establish a Registry 
of Recoverable Waste Energy Sources, and sites on which 
the sources are located, that meet the criteria established 
under subsection (b). 
‘‘(B) 
UPDATES; 
AVAILABILITY.—The 
Administrator 
shall— 
‘‘(i) update the Registry on a regular basis; and 
‘‘(ii) make the Registry available to the public on 
the website of the Environmental Protection Agency. 
‘‘(C) CONTESTING LISTING.—Any State, electric utility, 
or other interested person may contest the listing of any 
source or site by submitting a petition to the Administrator. 
‘‘(2) CONTENTS.— 
‘‘(A) IN
GENERAL.—The Administrator shall register 
and include on the Registry all sites meeting the criteria 
established under subsection (b). 
‘‘(B) QUANTITY OF RECOVERABLE WASTE ENERGY.—The 
Administrator shall— 
‘‘(i) calculate the total quantities of potentially 
recoverable waste energy from sources at the sites, 
nationally and by State; and 
‘‘(ii) make public— 
‘‘(I) the total quantities described in clause 
(i); and 
‘‘(II) information on the criteria pollutant and 
greenhouse gas emissions savings that might be 
achieved with recovery of the waste energy from 
all sources and sites listed on the Registry. 
‘‘(3) AVAILABILITY OF INFORMATION.— 
‘‘(A) IN
GENERAL.—The Administrator shall notify 
owners or operators of recoverable waste energy sources 
and sites listed on the Registry prior to publishing the 
listing. 
‘‘(B) DETAILED QUANTITATIVE INFORMATION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the owner or operator of a source at a site may 
Notification. 
Public 
information. 
Web site. 
Deadline. 
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121 STAT. 1626 
PUBLIC LAW 110–140—DEC. 19, 2007 
elect to have detailed quantitative information con-
cerning the site not made public by notifying the 
Administrator of the election. 
‘‘(ii) LIMITED AVAILABILITY.—The information shall 
be made available to— 
‘‘(I) the applicable State energy office; and 
‘‘(II) any utility requested to support recovery 
of waste energy from the source pursuant to the 
incentives provided under section 374. 
‘‘(iii) STATE TOTALS.—Information concerning the 
site shall be included in the total quantity of recover-
able waste energy for a State unless there are fewer 
than 3 sites in the State. 
‘‘(4) REMOVAL OF PROJECTS FROM REGISTRY.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), as a 
project achieves successful recovery of waste energy, the 
Administrator shall— 
‘‘(i) remove the related sites or sources from the 
Registry; and 
‘‘(ii) designate the removed projects as eligible for 
incentives under section 374. 
‘‘(B) LIMITATION.—No project shall be removed from 
the Registry without the consent of the owner or operator 
of the project if— 
‘‘(i) the owner or operator has submitted a petition 
under section 374; and 
‘‘(ii) the petition has not been acted on or denied. 
‘‘(5) INELIGIBILITY
OF
CERTAIN
SOURCES.—The Adminis-
trator shall not list any source constructed after the date of 
the enactment of the Energy Independence and Security Act 
of 2007 on the Registry if the Administrator determines that 
the source— 
‘‘(A) was developed for the primary purpose of making 
sales of excess electric power under the regulatory provi-
sions of this part; or 
‘‘(B) does not capture at least 60 percent of the total 
energy value of the fuels used (on a higher-heating-value 
basis) in the form of useful thermal energy, electricity, 
mechanical energy, chemical output, or any combination 
thereof. 
‘‘(e) SELF-CERTIFICATION.— 
‘‘(1) IN GENERAL.—Subject to any procedures that are estab-
lished by the Administrator, an owner, operator, or third-party 
developer of a recoverable waste energy project that qualifies 
under standards established by the Administrator may self- 
certify the sites or sources of the owner, operator, or developer 
to the Administrator for inclusion in the Registry. 
‘‘(2) REVIEW
AND
APPROVAL.—To prevent a fraudulent 
listing, a site or source shall be included on the Registry only 
if the Administrator reviews and approves the self-certification. 
‘‘(f) NEW FACILITIES.—As a new energy-consuming industrial 
facility is developed after the date of enactment of the Energy 
Independence and Security Act of 2007, to the extent the facility 
may constitute a site with recoverable waste energy that may 
qualify for inclusion on the Registry, the Administrator may elect 
to include the facility on the Registry, at the request of the owner, 
operator, or developer of the facility, on a conditional basis with 
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121 STAT. 1627 
PUBLIC LAW 110–140—DEC. 19, 2007 
the site to be removed from the Registry if the development ceases 
or the site fails to qualify for listing under this part. 
‘‘(g) OPTIMUM MEANS OF RECOVERY.—For each site listed in 
the Registry, at the request of the owner or operator of the site, 
the Administrator shall offer, in cooperation with Clean Energy 
Application Centers operated by the Secretary of Energy, sugges-
tions for optimum means of recovery of value from waste energy 
stream in the form of electricity, useful thermal energy, or other 
energy-related products. 
‘‘(h) REVISION.—Each annual report of a State under section 
548(a) of the National Energy Conservation Policy Act (42 U.S.C. 
8258(a)) shall include the results of the survey for the State under 
this section. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to— 
‘‘(1) the Administrator to create and maintain the Registry 
and services authorized by this section, $1,000,000 for each 
of fiscal years 2008 through 2012; and 
‘‘(2) the Secretary— 
‘‘(A) to assist site or source owners and operators in 
determining the feasibility of projects authorized by this 
section, $2,000,000 for each of fiscal years 2008 through 
2012; and 
‘‘(B) to provide funding for State energy office functions 
under this section, $5,000,000. 
‘‘SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish in the 
Department of Energy a waste energy recovery incentive grant 
program to provide incentive grants to— 
‘‘(1) owners and operators of projects that successfully 
produce electricity or incremental useful thermal energy from 
waste energy recovery; 
‘‘(2) utilities purchasing or distributing the electricity; and 
‘‘(3) States that have achieved 80 percent or more of 
recoverable waste heat recovery opportunities. 
‘‘(b) GRANTS TO PROJECTS AND UTILITIES.— 
‘‘(1) IN GENERAL.—The Secretary shall make grants under 
this section— 
‘‘(A) to the owners or operators of waste energy 
recovery projects; and 
‘‘(B) in the case of excess power purchased or trans-
mitted by a electric utility, to the utility. 
‘‘(2) PROOF.—Grants may only be made under this section 
on receipt of proof of waste energy recovery or excess electricity 
generation, or both, from the project in a form prescribed by 
the Secretary. 
‘‘(3) EXCESS ELECTRIC ENERGY.— 
‘‘(A) IN GENERAL.—In the case of waste energy recovery, 
a grant under this section shall be made at the rate of 
$10 per megawatt hour of documented electricity produced 
from recoverable waste energy (or by prevention of waste 
energy in the case of a new facility) by the project during 
the first 3 calendar years of production, beginning on or 
after the date of enactment of the Energy Independence 
and Security Act of 2007. 
42 USC 6343. 
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121 STAT. 1628 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) UTILITIES.—If the project produces net excess 
power and an electric utility purchases or transmits the 
excess power, 50 percent of so much of the grant as is 
attributable to the net excess power shall be paid to the 
electric utility purchasing or transporting the net excess 
power. 
‘‘(4) USEFUL THERMAL ENERGY.—In the case of waste energy 
recovery that produces useful thermal energy that is used for 
a purpose different from that for which the project is principally 
designed, a grant under this section shall be made to the 
owner or operator of the waste energy recovery project at the 
rate of $10 for each 3,412,000 Btus of the excess thermal 
energy used for the different purpose. 
‘‘(c) GRANTS TO STATES.—In the case of any State that has 
achieved 80 percent or more of waste heat recovery opportunities 
identified by the Secretary under this part, the Administrator shall 
make a 1-time grant to the State in an amount of not more than 
$1,000 per megawatt of waste-heat capacity recovered (or a thermal 
equivalent) to support State-level programs to identify and achieve 
additional energy efficiency. 
‘‘(d) ELIGIBILITY.—The Secretary shall— 
‘‘(1) establish rules and guidelines to establish eligibility 
for grants under subsection (b); 
‘‘(2) publicize the availability of the grant program known 
to owners or operators of recoverable waste energy sources 
and sites listed on the Registry; and 
‘‘(3) award grants under the program on the basis of the 
merits of each project in recovering or preventing waste energy 
throughout the United States on an impartial, objective, and 
not unduly discriminatory basis. 
‘‘(e) LIMITATION.—The Secretary shall not award grants to any 
person for a combined heat and power project or a waste heat 
recovery project that qualifies for specific Federal tax incentives 
for combined heat and power or for waste heat recovery. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary— 
‘‘(1) to make grants to projects and utilities under sub-
section (b)— 
‘‘(A) $100,000,000 for fiscal year 2008 and $200,000,000 
for each of fiscal years 2009 through 2012; and 
‘‘(B) such additional amounts for fiscal year 2008 and 
each fiscal year thereafter as may be necessary for adminis-
tration of the waste energy recovery incentive grant pro-
gram; and 
‘‘(2) to make grants to States under subsection (b), 
$10,000,000 for each of fiscal years 2008 through 2012, to 
remain available until expended. 
‘‘SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND 
PREVENTION OF INDUSTRIAL WASTE ENERGY. 
‘‘(a) CONSIDERATION OF STANDARD.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the receipt 
by a State regulatory authority (with respect to each electric 
utility for which the authority has ratemaking authority), or 
nonregulated electric utility, of a request from a project sponsor 
or owner or operator, the State regulatory authority or nonregu-
lated electric utility shall— 
Deadline. 
Notification. 
42 USC 6344. 
Regulations. 
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121 STAT. 1629 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) provide public notice and conduct a hearing 
respecting the standard established by subsection (b); and 
‘‘(B) on the basis of the hearing, consider and make 
a determination whether or not it is appropriate to imple-
ment the standard to carry out the purposes of this part. 
‘‘(2) RELATIONSHIP TO STATE LAW.—For purposes of any 
determination under paragraph (1) and any review of the deter-
mination in any court, the purposes of this section supplement 
otherwise applicable State law. 
‘‘(3) NONADOPTION OF STANDARD.—Nothing in this part pro-
hibits any State regulatory authority or nonregulated electric 
utility from making any determination that it is not appropriate 
to adopt any standard described in paragraph (1), pursuant 
to authority under otherwise applicable State law. 
‘‘(b) STANDARD FOR SALES OF EXCESS POWER.—For purposes 
of this section, the standard referred to in subsection (a) shall 
provide that an owner or operator of a waste energy recovery 
project identified on the Registry that generates net excess power 
shall be eligible to benefit from at least 1 of the options described 
in subsection (c) for disposal of the net excess power in accordance 
with the rate conditions and limitations described in subsection 
(d). 
‘‘(c) OPTIONS.—The options referred to in subsection (b) are 
as follows: 
‘‘(1) SALE OF NET EXCESS POWER TO UTILITY.—The electric 
utility shall purchase the net excess power from the owner 
or operator of the eligible waste energy recovery project during 
the operation of the project under a contract entered into for 
that purpose. 
‘‘(2) TRANSPORT
BY
UTILITY
FOR
DIRECT
SALE
TO
THIRD 
PARTY.—The electric utility shall transmit the net excess power 
on behalf of the project owner or operator to up to 3 separate 
locations on the system of the utility for direct sale by the 
owner or operator to third parties at those locations. 
‘‘(3) TRANSPORT OVER PRIVATE TRANSMISSION LINES.—The 
State and the electric utility shall permit, and shall waive 
or modify such laws as would otherwise prohibit, the construc-
tion and operation of private electric wires constructed, owned, 
and operated by the project owner or operator, to transport 
the power to up to 3 purchasers within a 3-mile radius of 
the project, allowing the wires to use or cross public rights- 
of-way, without subjecting the project to regulation as a public 
utility, and according the wires the same treatment for safety, 
zoning, land use, and other legal privileges as apply or would 
apply to the wires of the utility, except that— 
‘‘(A) there shall be no grant of any power of eminent 
domain to take or cross private property for the wires; 
and 
‘‘(B) the wires shall be physically segregated and not 
interconnected with any portion of the system of the utility, 
except on the customer side of the revenue meter of the 
utility and in a manner that precludes any possible export 
of the electricity onto the utility system, or disruption 
of the system. 
‘‘(4) AGREED ON ALTERNATIVES.—The utility and the owner 
or operator of the project may reach agreement on any alternate 
arrangement and payments or rates associated with the 
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121 STAT. 1630 
PUBLIC LAW 110–140—DEC. 19, 2007 
arrangement that is mutually satisfactory and in accord with 
State law. 
‘‘(d) RATE CONDITIONS AND CRITERIA.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) PER UNIT DISTRIBUTION COSTS.—The term ‘per unit 
distribution costs’ means (in kilowatt hours) the quotient 
obtained by dividing— 
‘‘(i) the depreciated book-value distribution system 
costs of a utility; by 
‘‘(ii) the volume of utility electricity sales or trans-
mission during the previous year at the distribution 
level. 
‘‘(B) PER UNIT DISTRIBUTION MARGIN.—The term ‘per 
unit distribution margin’ means— 
‘‘(i) in the case of a State-regulated electric utility, 
a per-unit gross pretax profit equal to the product 
obtained by multiplying— 
‘‘(I) the State-approved percentage rate of 
return for the utility for distribution system assets; 
by 
‘‘(II) the per unit distribution costs; and 
‘‘(ii) in the case of a nonregulated utility, a per 
unit contribution to net revenues determined multi-
plying— 
‘‘(I) the percentage (but not less than 10 per-
cent) obtained by dividing— 
‘‘(aa) the amount of any net revenue pay-
ment or contribution to the owners or sub-
scribers of the nonregulated utility during the 
prior year; by 
‘‘(bb) the gross revenues of the utility 
during the prior year to obtain a percentage; 
by 
‘‘(II) the per unit distribution costs. 
‘‘(C) PER UNIT TRANSMISSION COSTS.—The term ‘per 
unit transmission costs’ means the total cost of those trans-
mission services purchased or provided by a utility on 
a per-kilowatt-hour basis as included in the retail rate 
of the utility. 
‘‘(2) OPTIONS.—The options described in paragraphs (1) and 
(2) in subsection (c) shall be offered under purchase and trans-
port rate conditions that reflect the rate components defined 
under paragraph (1) as applicable under the circumstances 
described in paragraph (3). 
‘‘(3) APPLICABLE RATES.— 
‘‘(A) RATES
APPLICABLE
TO
SALE
OF
NET
EXCESS 
POWER.— 
‘‘(i) IN GENERAL.—Sales made by a project owner 
or operator of a facility under the option described 
in subsection (c)(1) shall be paid for on a per kilowatt 
hour basis that shall equal the full undiscounted retail 
rate paid to the utility for power purchased by the 
facility minus per unit distribution costs, that applies 
to the type of utility purchasing the power. 
‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the 
net excess power is made available for purchase at 
voltages that must be transformed to or from voltages 
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121 STAT. 1631 
PUBLIC LAW 110–140—DEC. 19, 2007 
exceeding 25 kilovolts to be available for resale by 
the utility, the purchase price shall further be reduced 
by per unit transmission costs. 
‘‘(B) RATES APPLICABLE TO TRANSPORT BY UTILITY FOR 
DIRECT SALE TO THIRD PARTIES.— 
‘‘(i) IN
GENERAL.—Transportation by utilities of 
power on behalf of the owner or operator of a project 
under the option described in subsection (c)(2) shall 
incur a transportation rate that shall equal the per 
unit distribution costs and per unit distribution 
margin, that applies to the type of utility transporting 
the power. 
‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the 
net excess power is made available for transportation 
at voltages that must be transformed to or from 
voltages exceeding 25 kilovolts to be transported to 
the designated third-party purchasers, the transport 
rate shall further be increased by per unit transmission 
costs. 
‘‘(iii) STATES WITH COMPETITIVE RETAIL MARKETS 
FOR ELECTRICITY.—In a State with a competitive retail 
market for electricity, the applicable transportation 
rate for similar transportation shall be applied in lieu 
of any rate calculated under this paragraph. 
‘‘(4) LIMITATIONS.— 
‘‘(A) IN
GENERAL.—Any rate established for sale or 
transportation under this section shall— 
‘‘(i) be modified over time with changes in the 
underlying costs or rates of the electric utility; and 
‘‘(ii) reflect the same time-sensitivity and billing 
periods as are established in the retail sales or 
transportation rates offered by the utility. 
‘‘(B) LIMITATION.—No utility shall be required to pur-
chase or transport a quantity of net excess power under 
this section that exceeds the available capacity of the wires, 
meter, or other equipment of the electric utility serving 
the site unless the owner or operator of the project agrees 
to pay necessary and reasonable upgrade costs. 
‘‘(e) PROCEDURAL
REQUIREMENTS
FOR
CONSIDERATION
AND 
DETERMINATION.— 
‘‘(1) PUBLIC NOTICE AND HEARING.— 
‘‘(A) IN GENERAL.—The consideration referred to in sub-
section (a) shall be made after public notice and hearing. 
‘‘(B) ADMINISTRATION.—The determination referred to 
in subsection (a) shall be— 
‘‘(i) in writing; 
‘‘(ii) based on findings included in the determina-
tion and on the evidence presented at the hearing; 
and 
‘‘(iii) available to the public. 
‘‘(2) INTERVENTION BY ADMINISTRATOR.—The Administrator 
may intervene as a matter of right in a proceeding conducted 
under this section— 
‘‘(A) to calculate— 
‘‘(i) the energy and emissions likely to be saved 
by electing to adopt 1 or more of the options; and 
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121 STAT. 1632 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) the costs and benefits to ratepayers and the 
utility; and 
‘‘(B) to advocate for the waste-energy recovery oppor-
tunity. 
‘‘(3) PROCEDURES.— 
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
paragraphs (1) and (2), the procedures for the consideration 
and determination referred to in subsection (a) shall be 
the procedures established by the State regulatory 
authority or the nonregulated electric utility. 
‘‘(B) MULTIPLE
PROJECTS.—If there is more than 1 
project seeking consideration simultaneously in connection 
with the same utility, the proceeding may encompass all 
such projects, if full attention is paid to individual cir-
cumstances and merits and an individual judgment is 
reached with respect to each project. 
‘‘(f) IMPLEMENTATION.— 
‘‘(1) IN
GENERAL.—The State regulatory authority (with 
respect to each electric utility for which the authority has 
ratemaking authority) or nonregulated electric utility may, to 
the extent consistent with otherwise applicable State law— 
‘‘(A) implement the standard determined under this 
section; or 
‘‘(B) decline to implement any such standard. 
‘‘(2) NONIMPLEMENTATION OF STANDARD.— 
‘‘(A) IN GENERAL.—If a State regulatory authority (with 
respect to each electric utility for which the authority has 
ratemaking authority) or nonregulated electric utility 
declines to implement any standard established by this 
section, the authority or nonregulated electric utility shall 
state in writing the reasons for declining to implement 
the standard. 
‘‘(B) AVAILABILITY TO PUBLIC.—The statement of rea-
sons shall be available to the public. 
‘‘(C) ANNUAL REPORT.—The Administrator shall include 
in an annual report submitted to Congress a description 
of the lost opportunities for waste-heat recovery from the 
project described in subparagraph (A), specifically identi-
fying the utility and stating the quantity of lost energy 
and emissions savings calculated. 
‘‘(D) NEW PETITION.—If a State regulatory authority 
(with respect to each electric utility for which the authority 
has ratemaking authority) or nonregulated electric utility 
declines to implement the standard established by this 
section, the project sponsor may submit a new petition 
under this section with respect to the project at any time 
after the date that is 2 years after the date on which 
the State regulatory authority or nonregulated utility 
declined to implement the standard. 
‘‘SEC. 375. CLEAN ENERGY APPLICATION CENTERS. 
‘‘(a) RENAMING.— 
‘‘(1) IN GENERAL.—The Combined Heat and Power Applica-
tion Centers of the Department of Energy are redesignated 
as Clean Energy Application Centers. 
‘‘(2) REFERENCES.—Any reference in any law, rule, regula-
tion, or publication to a Combined Heat and Power Application 
42 USC 6345. 
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121 STAT. 1633 
PUBLIC LAW 110–140—DEC. 19, 2007 
Center shall be treated as a reference to a Clean Energy 
Application Center. 
‘‘(b) RELOCATION.— 
‘‘(1) IN GENERAL.—In order to better coordinate efforts with 
the separate Industrial Assessment Centers and to ensure that 
the energy efficiency and, when applicable, the renewable 
nature of deploying mature clean energy technology is fully 
accounted for, the Secretary shall relocate the administration 
of the Clean Energy Application Centers to the Office of Energy 
Efficiency and Renewable Energy within the Department of 
Energy. 
‘‘(2) OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELI-
ABILITY.—The Office of Electricity Delivery and Energy Reli-
ability shall— 
‘‘(A) continue to perform work on the role of technology 
described in paragraph (1) in support of the grid and the 
reliability and security of the technology; and 
‘‘(B) shall assist the Clean Energy Application Centers 
in the work of the Centers with regard to the grid and 
with electric utilities. 
‘‘(c) GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall make grants to 
universities, research centers, and other appropriate institu-
tions to ensure the continued operations and effectiveness of 
8 Regional Clean Energy Application Centers in each of the 
following regions (as designated for such purposes as of the 
date of the enactment of the Energy Independence and Security 
Act of 2007): 
‘‘(A) Gulf Coast. 
‘‘(B) Intermountain. 
‘‘(C) Mid-Atlantic. 
‘‘(D) Midwest. 
‘‘(E) Northeast. 
‘‘(F) Northwest. 
‘‘(G) Pacific. 
‘‘(H) Southeast. 
‘‘(2) ESTABLISHMENT
OF
GOALS
AND
COMPLIANCE.—In 
making grants under this subsection, the Secretary shall ensure 
that sufficient goals are established and met by each Center 
throughout the program duration concerning outreach and tech-
nology deployment. 
‘‘(d) ACTIVITIES.— 
‘‘(1) IN GENERAL.—Each Clean Energy Application Center 
shall— 
‘‘(A) operate a program to encourage deployment of 
clean energy technologies through education and outreach 
to building and industrial professionals; and other individ-
uals and organizations with an interest in efficient energy 
use; and 
‘‘(B) provide project specific support to building and 
industrial professionals through assessments and advisory 
activities. 
‘‘(2) TYPES OF ACTIVITIES.—Funds made available under 
this section may be used— 
‘‘(A) to develop and distribute informational materials 
on clean energy technologies, including continuation of the 
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121 STAT. 1634 
PUBLIC LAW 110–140—DEC. 19, 2007 
8 websites in existence on the date of enactment of the 
Energy Independence and Security Act of 2007; 
‘‘(B) to develop and conduct target market workshops, 
seminars, Internet programs, and other activities to edu-
cate end users, regulators, and stakeholders in a manner 
that leads to the deployment of clean energy technologies; 
‘‘(C) to provide or coordinate onsite assessments for 
sites and enterprises that may consider deployment of clean 
energy technology; 
‘‘(D) to perform market research to identify high profile 
candidates for clean energy deployment; 
‘‘(E) to provide consulting support to sites considering 
deployment of clean energy technologies; 
‘‘(F) to assist organizations developing clean energy 
technologies to overcome barriers to deployment; and 
‘‘(G) to assist companies and organizations with 
performance evaluations of any clean energy technology 
implemented. 
‘‘(e) DURATION.— 
‘‘(1) IN GENERAL.—A grant awarded under this section shall 
be for a period of 5 years 
‘‘(2) ANNUAL EVALUATIONS.—Each grant shall be evaluated 
annually for the continuation of the grant based on the activi-
ties and results of the grant. 
‘‘(f) AUTHORIZATION.—There is authorized to be appropriated 
to carry out this section $10,000,000 for each of fiscal years 2008 
through 2012.’’. 
(b) TABLE OF CONTENTS.—The table of contents of the Energy 
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended 
by inserting after the items relating to part D of title III the 
following: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘Sec. 371. Definitions. 
‘‘Sec. 372. Survey and Registry. 
‘‘Sec. 373. Waste energy recovery incentive grant program. 
‘‘Sec. 374. Additional incentives for recovery, utilization and prevention of indus-
trial waste energy. 
‘‘Sec. 375. Clean Energy Application Centers.’’. 
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 
(A) an energy-intensive industry; 
(B) a national trade association representing an 
energy-intensive industry; or 
(C) a person acting on behalf of 1 or more energy- 
intensive industries or sectors, as determined by the Sec-
retary. 
(2) ENERGY-INTENSIVE INDUSTRY.—The term ‘‘energy-inten-
sive industry’’ means an industry that uses significant quan-
tities of energy as part of its primary economic activities, 
including— 
(A) information technology, including data centers con-
taining electrical equipment used in processing, storing, 
and transmitting digital information; 
(B) consumer product manufacturing; 
(C) food processing; 
(D) materials manufacturers, including— 
42 USC 17111. 
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121 STAT. 1635 
PUBLIC LAW 110–140—DEC. 19, 2007 
(i) aluminum; 
(ii) chemicals; 
(iii) forest and paper products; 
(iv) metal casting; 
(v) glass; 
(vi) petroleum refining; 
(vii) mining; and 
(viii) steel; 
(E) other energy-intensive industries, as determined 
by the Secretary. 
(3) FEEDSTOCK.—The term ‘‘feedstock’’ means the raw mate-
rial supplied for use in manufacturing, chemical, and biological 
processes. 
(4) PARTNERSHIP.—The term ‘‘partnership’’ means an 
energy efficiency partnership established under subsection 
(c)(1)(A). 
(5) PROGRAM.—The term ‘‘program’’ means the energy- 
intensive industries program established under subsection (b). 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall estab-
lish a program under which the Secretary, in cooperation with 
energy-intensive industries and national industry trade associations 
representing 
the 
energy-intensive 
industries, 
shall 
support, 
research, develop, and promote the use of new materials processes, 
technologies, and techniques to optimize energy efficiency and the 
economic competitiveness of the United States’ industrial and 
commercial sectors. 
(c) PARTNERSHIPS.— 
(1) IN GENERAL.—As part of the program, the Secretary 
shall establish energy efficiency partnerships between the Sec-
retary and eligible entities to conduct research on, develop, 
and demonstrate new processes, technologies, and operating 
practices and techniques to significantly improve the energy 
efficiency of equipment and processes used by energy-intensive 
industries, including the conduct of activities to— 
(A) increase the energy efficiency of industrial proc-
esses and facilities; 
(B) research, develop, and demonstrate advanced tech-
nologies capable of energy intensity reductions and 
increased environmental performance; and 
(C) promote the use of the processes, technologies, 
and techniques described in subparagraphs (A) and (B). 
(2) ELIGIBLE ACTIVITIES.—Partnership activities eligible for 
funding under this subsection include— 
(A) feedstock and recycling research, development, and 
demonstration activities to identify and promote— 
(i) opportunities for meeting industry feedstock 
requirements with more energy efficient and flexible 
sources of feedstock or energy supply; 
(ii) strategies to develop and deploy technologies 
that improve the quality and quantity of feedstocks 
recovered from process and waste streams; and 
(iii) other methods using recycling, reuse, and 
improved industrial materials; 
(B) research to develop and demonstrate technologies 
and processes that utilize alternative energy sources to 
supply heat, power, and new feedstocks for energy-intensive 
industries; 
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121 STAT. 1636 
PUBLIC LAW 110–140—DEC. 19, 2007 
(C) research to achieve energy efficiency in steam, 
power, control system, and process heat technologies, and 
in other manufacturing processes; and 
(D) industrial and commercial energy efficiency and 
sustainability assessments to— 
(i) assist individual industrial and commercial sec-
tors in developing tools, techniques, and methodologies 
to assess— 
(I) the unique processes and facilities of the 
sectors; 
(II) the energy utilization requirements of the 
sectors; and 
(III) the application of new, more energy effi-
cient technologies; and 
(ii) conduct energy savings assessments; 
(E) the incorporation of technologies and innovations 
that would significantly improve the energy efficiency and 
utilization of energy-intensive commercial applications; and 
(F) any other activities that the Secretary determines 
to be appropriate. 
(3) PROPOSALS.— 
(A) IN GENERAL.—To be eligible for funding under this 
subsection, a partnership shall submit to the Secretary 
a proposal that describes the proposed research, develop-
ment, or demonstration activity to be conducted by the 
partnership. 
(B) REVIEW.—After reviewing the scientific, technical, 
and commercial merit of a proposals submitted under 
subparagraph (A), the Secretary shall approve or dis-
approve the proposal. 
(C) COMPETITIVE AWARDS.—The provision of funding 
under this subsection shall be on a competitive basis. 
(4) COST-SHARING REQUIREMENT.—In carrying out this sec-
tion, the Secretary shall require cost sharing in accordance 
with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
16352). 
(d) GRANTS.—The Secretary may award competitive grants for 
innovative technology research, development and demonstrations 
to universities, individual inventors, and small companies, based 
on energy savings potential, commercial viability, and technical 
merit. 
(e) INSTITUTION
OF
HIGHER
EDUCATION-BASED
INDUSTRIAL 
RESEARCH AND ASSESSMENT CENTERS.—The Secretary shall provide 
funding to institution of higher education-based industrial research 
and assessment centers, whose purpose shall be— 
(1) to identify opportunities for optimizing energy efficiency 
and environmental performance; 
(2) to promote applications of emerging concepts and tech-
nologies in small- and medium-sized manufacturers; 
(3) to promote research and development for the use of 
alternative energy sources to supply heat, power, and new 
feedstocks for energy-intensive industries; 
(4) to coordinate with appropriate Federal and State 
research offices, and provide a clearinghouse for industrial 
process and energy efficiency technical assistance resources; 
and 
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121 STAT. 1637 
PUBLIC LAW 110–140—DEC. 19, 2007 
(5) to coordinate with State-accredited technical training 
centers and community colleges, while ensuring appropriate 
services to all regions of the United States. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary to carry out this section— 
(A) $184,000,000 for fiscal year 2008; 
(B) $190,000,000 for fiscal year 2009; 
(C) $196,000,000 for fiscal year 2010; 
(D) $202,000,000 for fiscal year 2011; 
(E) $208,000,000 for fiscal year 2012; and 
(F) such sums as are necessary for fiscal year 2013 
and each fiscal year thereafter. 
(2) PARTNERSHIP ACTIVITIES.—Of the amounts made avail-
able under paragraph (1), not less than 50 percent shall be 
used to pay the Federal share of partnership activities under 
subsection (c). 
(3) COORDINATION AND NONDUPLICATION.—The Secretary 
shall coordinate efforts under this section with other programs 
of the Department and other Federal agencies to avoid duplica-
tion of effort. 
SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS. 
(a) DEFINITIONS.—In this section: 
(1) DATA
CENTER.—The term ‘‘data center’’ means any 
facility that primarily contains electronic equipment used to 
process, store, and transmit digital information, which may 
be— 
(A) a free-standing structure; or 
(B) a facility within a larger structure, that uses 
environmental control equipment to maintain the proper 
conditions for the operation of electronic equipment. 
(2) DATA CENTER OPERATOR.—The term ‘‘data center oper-
ator’’ means any person or government entity that builds or 
operates a data center or purchases data center services, equip-
ment, and facilities. 
(b) VOLUNTARY NATIONAL INFORMATION PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Secretary and the Administrator 
of the Environmental Protection Agency shall, after consulting 
with information technology industry and other interested par-
ties, initiate a voluntary national information program for those 
types of data centers and data center equipment and facilities 
that are widely used and for which there is a potential for 
significant data center energy savings as a result of the pro-
gram. 
(2) REQUIREMENTS.—The program described in paragraph 
(1) shall— 
(A) address data center efficiency holistically, reflecting 
the total energy consumption of data centers as whole 
systems, including both equipment and facilities; 
(B) consider prior work and studies undertaken in 
this area, including by the Environmental Protection 
Agency and the Department of Energy; 
(C) consistent with the objectives described in para-
graph (1), determine the type of data center and data 
Deadline. 
42 USC 17112. 
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121 STAT. 1638 
PUBLIC LAW 110–140—DEC. 19, 2007 
center equipment and facilities to be covered under the 
program; 
(D) produce specifications, measurements, best prac-
tices, and benchmarks that will enable data center opera-
tors to make more informed decisions about the energy 
efficiency and costs of data centers, and that take into 
account— 
(i) the performance and use of servers, data storage 
devices, and other information technology equipment; 
(ii) the efficiency of heating, ventilation, and air 
conditioning, cooling, and power conditioning systems, 
provided that no modification shall be required of a 
standard then in effect under the Energy Policy and 
Conservation Act (42 U.S.C. 6201 et seq.) for any cov-
ered heating, ventilation, air-conditioning, cooling or 
power-conditioning product; 
(iii) energy savings from the adoption of software 
and data management techniques; and 
(iv) other factors determined by the organization 
described in subsection (c); 
(E) allow for creation of separate specifications, 
measurements, and benchmarks based on data center size 
and function, as well as other appropriate characteristics; 
(F) advance the design and implementation of efficiency 
technologies to the maximum extent economically practical; 
(G) provide to data center operators in the private 
sector and the Federal Government information about best 
practices and purchasing decisions that reduce the energy 
consumption of data centers; and 
(H) publish the information described in subparagraph 
(G), which may be disseminated through catalogs, trade 
publications, the Internet, or other mechanisms, that will 
allow data center operators to assess the energy consump-
tion and potential cost savings of alternative data centers 
and data center equipment and facilities. 
(3) PROCEDURES.—The program described in paragraph (1) 
shall be developed in consultation with and coordinated by 
the organization described in subsection (c) according to com-
monly accepted procedures for the development of specifications, 
measurements, and benchmarks. 
(c) DATA CENTER EFFICIENCY ORGANIZATION.— 
(1) IN GENERAL.—After the establishment of the program 
described in subsection (b), the Secretary and the Administrator 
shall jointly designate an information technology industry 
organization to consult with and to coordinate the program. 
(2) REQUIREMENTS.—The organization designated under 
paragraph (1), whether preexisting or formed specifically for 
the purposes of subsection (b), shall— 
(A) consist of interested parties that have expertise 
in energy efficiency and in the development, operation, 
and functionality of computer data centers, information 
technology equipment, and software, as well as representa-
tives of hardware manufacturers, data center operators, 
and facility managers; 
(B) obtain and address input from Department of 
Energy National Laboratories or any college, university, 
research institution, industry association, company, or 
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121 STAT. 1639 
PUBLIC LAW 110–140—DEC. 19, 2007 
public interest group with applicable expertise in any of 
the areas listed in paragraph (1); 
(C) follow commonly accepted procedures for the 
development of specifications and accredited standards 
development processes; 
(D) have a mission to develop and promote energy 
efficiency for data centers and information technology; and 
(E) have the primary responsibility to consult in the 
development and publishing of the information, measure-
ments, and benchmarks described in subsection (b) and 
transmission of the information to the Secretary and the 
Administrator for consideration under subsection (d). 
(d) MEASUREMENTS AND SPECIFICATIONS.— 
(1) IN
GENERAL.—The Secretary and the Administrator 
shall consider the specifications, measurements, and bench-
marks described in subsection (b) for use by the Federal Energy 
Management Program, the Energy Star Program, and other 
efficiency programs of the Department of Energy and Environ-
mental Protection Agency, respectively. 
(2) REJECTIONS.—If the Secretary or the Administrator 
rejects 1 or more specifications, measurements, or benchmarks 
described in subsection (b), the rejection shall be made con-
sistent with section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note; Public 
Law 104–113). 
(3) DETERMINATION OF IMPRACTICABILITY.—A determination 
that a specification, measurement, or benchmark described in 
subsection (b) is impractical may include consideration of the 
maximum efficiency that is technologically feasible and 
economically justified. 
(e) MONITORING.—The Secretary and the Administrator shall— 
(1) monitor and evaluate the efforts to develop the program 
described in subsection (b); and 
(2) not later than 3 years after the date of enactment 
of this Act, make a determination as to whether the program 
is consistent with the objectives of subsection (b). 
(f) ALTERNATIVE SYSTEM.—If the Secretary and the Adminis-
trator make a determination under subsection (e) that a voluntary 
national information program for data centers consistent with the 
objectives of subsection (b) has not been developed, the Secretary 
and the Administrator shall, after consultation with the National 
Institute of Standards and Technology and not later than 2 years 
after the determination, develop and implement the program under 
subsection (b). 
(g) PROTECTION OF PROPRIETARY INFORMATION.—The Secretary, 
the Administrator, or the data center efficiency organization shall 
not disclose any proprietary information or trade secrets provided 
by any individual or company for the purposes of carrying out 
this section or the program established under this section. 
Deadline. 
Deadline. 
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121 STAT. 1640 
PUBLIC LAW 110–140—DEC. 19, 2007 
Subtitle E—Healthy High-Performance 
Schools 
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS. 
(a) AMENDMENT.—The Toxic Substances Control Act (15 U.S.C. 
2601 et seq.) is amended by adding at the end the following new 
title: 
‘‘TITLE V—HEALTHY HIGH- 
PERFORMANCE SCHOOLS 
‘‘SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 
‘‘(a) IN GENERAL.—The Administrator, in consultation with the 
Secretary of Education, may provide grants to States for use in— 
‘‘(1) providing technical assistance for programs of the 
Environmental Protection Agency (including the Tools for 
Schools Program and the Healthy School Environmental 
Assessment Tool) to schools for use in addressing environmental 
issues; and 
‘‘(2) development and implementation of State school 
environmental health programs that include— 
‘‘(A) standards for school building design, construction, 
and renovation; and 
‘‘(B) identification of ongoing school building environ-
mental problems, including contaminants, hazardous sub-
stances, and pollutant emissions, in the State and rec-
ommended solutions to address those problems, including 
assessment of information on the exposure of children to 
environmental hazards in school facilities. 
‘‘(b) SUNSET.—The authority of the Administrator to carry out 
this section shall expire 5 years after the date of enactment of 
this section. 
‘‘SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES. 
‘‘Not later than 18 months after the date of enactment of 
this section, the Administrator, in consultation with the Secretary 
of Education and the Secretary of Health and Human Services, 
shall issue voluntary school site selection guidelines that account 
for— 
‘‘(1) the special vulnerability of children to hazardous sub-
stances or pollution exposures in any case in which the potential 
for contamination at a potential school site exists; 
‘‘(2) modes of transportation available to students and staff; 
‘‘(3) the efficient use of energy; and 
‘‘(4) the potential use of a school at the site as an emergency 
shelter. 
‘‘SEC. 503. PUBLIC OUTREACH. 
‘‘(a) REPORTS.—The Administrator shall publish and submit 
to Congress an annual report on all activities carried out under 
this title, until the expiration of authority described in section 
501(b). 
‘‘(b) PUBLIC OUTREACH.—The Federal Director appointed under 
section 436(a) of the Energy Independence and Security Act of 
2007 (in this title referred to as the ‘Federal Director’) shall ensure, 
Publication. 
15 USC 2695b. 
Deadline. 
15 USC 2695a. 
15 USC 2695. 
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121 STAT. 1641 
PUBLIC LAW 110–140—DEC. 19, 2007 
to the maximum extent practicable, that the public clearinghouse 
established under section 423(1) of the Energy Independence and 
Security Act of 2007 receives and makes available information 
on the exposure of children to environmental hazards in school 
facilities, as provided by the Administrator. 
‘‘SEC. 504. ENVIRONMENTAL HEALTH PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this section, the Administrator, in consultation with 
the Secretary of Education, the Secretary of Health and Human 
Services, and other relevant agencies, shall issue voluntary guide-
lines for use by the State in developing and implementing an 
environmental health program for schools that— 
‘‘(1) takes into account the status and findings of Federal 
initiatives established under this title or subtitle C of title 
IV of the Energy Independence and Security Act of 2007 and 
other relevant Federal law with respect to school facilities, 
including relevant updates on trends in the field, such as the 
impact of school facility environments on student and staff— 
‘‘(A) health, safety, and productivity; and 
‘‘(B) disabilities or special needs; 
‘‘(2) takes into account studies using relevant tools identi-
fied or developed in accordance with section 492 of the Energy 
Independence and Security Act of 2007; 
‘‘(3) takes into account, with respect to school facilities, 
each of— 
‘‘(A) environmental problems, contaminants, hazardous 
substances, and pollutant emissions, including— 
‘‘(i) lead from drinking water; 
‘‘(ii) lead from materials and products; 
‘‘(iii) asbestos; 
‘‘(iv) radon; 
‘‘(v) the presence of elemental mercury releases 
from products and containers; 
‘‘(vi) pollutant emissions from materials and prod-
ucts; and 
‘‘(vii) any other environmental problem, contami-
nant, hazardous substance, or pollutant emission that 
present or may present a risk to the health of occupants 
of the school facilities or environment; 
‘‘(B) natural day lighting; 
‘‘(C) ventilation choices and technologies; 
‘‘(D) heating and cooling choices and technologies; 
‘‘(E) moisture control and mold; 
‘‘(F) maintenance, cleaning, and pest control activities; 
‘‘(G) acoustics; and 
‘‘(H) other issues relating to the health, comfort, 
productivity, and performance of occupants of the school 
facilities; 
‘‘(4) provides technical assistance on siting, design, manage-
ment, and operation of school facilities, including facilities used 
by students with disabilities or special needs; 
‘‘(5) collaborates with federally funded pediatric environ-
mental health centers to assist in on-site school environmental 
investigations; 
‘‘(6) assists States and the public in better understanding 
and improving the environmental health of children; and 
Deadline. 
15 USC 2695c. 
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121 STAT. 1642 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(7) takes into account the special vulnerability of children 
in low-income and minority communities to exposures from 
contaminants, hazardous substances, and pollutant emissions. 
‘‘(b) PUBLIC OUTREACH.—The Federal Director and Commercial 
Director shall ensure, to the maximum extent practicable, that 
the public clearinghouse established under section 423 of the Energy 
Independence and Security Act of 2007 receives and makes avail-
able— 
‘‘(1) information from the Administrator that is contained 
in the report described in section 503(a); and 
‘‘(2) information on the exposure of children to environ-
mental hazards in school facilities, as provided by the Adminis-
trator. 
‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
title $1,000,000 for fiscal year 2009, and $1,500,000 for each of 
fiscal years 2010 through 2013, to remain available until 
expended.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents 
for the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is 
amended by adding at the end the following: 
‘‘TITLE V—HEALTHY HIGH-PERFORMANCE SCHOOLS 
‘‘Sec. 501. Grants for healthy school environments. 
‘‘Sec. 502. Model guidelines for siting of school facilities. 
‘‘Sec. 503. Public outreach. 
‘‘Sec. 504. Environmental health program. 
‘‘Sec. 505. Authorization of appropriations.’’. 
SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS. 
(a) IN GENERAL.—The Administrator of the Environmental 
Protection Agency shall enter into an arrangement with the Sec-
retary of Education and the Secretary of Energy to conduct a 
detailed study of how sustainable building features such as energy 
efficiency affect multiple perceived indoor environmental quality 
stressors on students in K–12 schools. 
(b) CONTENTS.—The study shall— 
(1) investigate the combined effect building stressors such 
as heating, cooling, humidity, lighting, and acoustics have on 
building occupants’ health, productivity, and overall well-being; 
(2) identify how sustainable building features, such as 
energy efficiency, are influencing these human outcomes singly 
and in concert; and 
(3) ensure that the impacts of the indoor environmental 
quality are evaluated as a whole. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for carrying out this section $200,000 for each 
of the fiscal years 2008 through 2012. 
Subtitle F—Institutional Entities 
SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND 
LOANS FOR INSTITUTIONS. 
Part G of title III of the Energy Policy and Conservation Act 
is amended by inserting after section 399 (42 U.S.C. 6371h) the 
following: 
Contracts. 
15 USC 2695d. 
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121 STAT. 1643 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND 
LOANS FOR INSTITUTIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMBINED HEAT AND POWER.—The term ‘combined heat 
and power’ means the generation of electric energy and heat 
in a single, integrated system, with an overall thermal efficiency 
of 60 percent or greater on a higher-heating-value basis. 
‘‘(2) DISTRICT ENERGY SYSTEMS.—The term ‘district energy 
systems’ means systems providing thermal energy from a 
renewable energy source, thermal energy source, or highly effi-
cient technology to more than 1 building or fixed energy-con-
suming use from 1 or more thermal-energy production facilities 
through pipes or other means to provide space heating, space 
conditioning, hot water, steam, compression, process energy, 
or other end uses for that energy. 
‘‘(3) ENERGY SUSTAINABILITY.—The term ‘energy sustain-
ability’ includes using a renewable energy source, thermal 
energy source, or a highly efficient technology for transpor-
tation, electricity generation, heating, cooling, lighting, or other 
energy services in fixed installations. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given the term in 
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). 
‘‘(5) INSTITUTIONAL ENTITY.—The term ‘institutional entity’ 
means an institution of higher education, a public school dis-
trict, a local government, a municipal utility, or a designee 
of 1 of those entities. 
‘‘(6) RENEWABLE
ENERGY
SOURCE.—The term ‘renewable 
energy source’ has the meaning given the term in section 609 
of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 
918c). 
‘‘(7) SUSTAINABLE
ENERGY
INFRASTRUCTURE.—The term 
‘sustainable energy infrastructure’ means— 
‘‘(A) facilities for production of energy from renewable 
energy sources, thermal energy sources, or highly efficient 
technologies, including combined heat and power or other 
waste heat use; and 
‘‘(B) district energy systems. 
‘‘(8) THERMAL ENERGY SOURCE.—The term ‘thermal energy 
source’ means— 
‘‘(A) a natural source of cooling or heating from lake 
or ocean water; and 
‘‘(B) recovery of useful energy that would otherwise 
be wasted from ongoing energy uses. 
‘‘(b) TECHNICAL ASSISTANCE GRANTS.— 
‘‘(1) IN
GENERAL.—Subject to the availability of appro-
priated funds, the Secretary shall implement a program of 
information dissemination and technical assistance to institu-
tional entities to assist the institutional entities in identifying, 
evaluating, designing, and implementing sustainable energy 
infrastructure projects in energy sustainability. 
‘‘(2) ASSISTANCE.—The Secretary shall support institutional 
entities in— 
‘‘(A) identification of opportunities for sustainable 
energy infrastructure; 
‘‘(B) 
understanding 
the 
technical 
and 
economic 
characteristics of sustainable energy infrastructure; 
42 USC 6371h–1. 
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121 STAT. 1644 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(C) utility interconnection and negotiation of power 
and fuel contracts; 
‘‘(D) understanding financing alternatives; 
‘‘(E) permitting and siting issues; 
‘‘(F) obtaining case studies of similar and successful 
sustainable energy infrastructure systems; and 
‘‘(G) reviewing and obtaining computer software for 
assessment, design, and operation and maintenance of 
sustainable energy infrastructure systems. 
‘‘(3) ELIGIBLE COSTS FOR TECHNICAL ASSISTANCE GRANTS.— 
On receipt of an application of an institutional entity, the 
Secretary may make grants to the institutional entity to fund 
a portion of the cost of— 
‘‘(A) feasibility studies to assess the potential for 
implementation or improvement of sustainable energy 
infrastructure; 
‘‘(B) analysis and implementation of strategies to over-
come barriers to project implementation, including finan-
cial, contracting, siting, and permitting barriers; and 
‘‘(C) detailed engineering of sustainable energy infra-
structure. 
‘‘(c) GRANTS
FOR
ENERGY
EFFICIENCY
IMPROVEMENT
AND 
ENERGY SUSTAINABILITY.— 
‘‘(1) GRANTS.— 
‘‘(A) IN GENERAL.—The Secretary shall award grants 
to institutional entities to carry out projects to improve 
energy efficiency on the grounds and facilities of the institu-
tional entity. 
‘‘(B) REQUIREMENT.—To the extent that applications 
have been submitted, grants under subparagraph (A) shall 
include not less than 1 grant each year to an institution 
of higher education in each State. 
‘‘(C) MINIMUM FUNDING.—Not less than 50 percent of 
the total funding for all grants under this subsection shall 
be awarded in grants to institutions of higher education. 
‘‘(2) CRITERIA.—Evaluation of projects for grant funding 
shall be based on criteria established 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 energy sources or 
thermal energy sources; 
‘‘(D) reduction in consumption of fossil fuels; 
‘‘(E) active student participation; and 
‘‘(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 campaign con-
cerning the project in the community in which the institu-
tional 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 environmental benefits achieved 
as part of a project carried out under paragraph (1), 
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121 STAT. 1645 
PUBLIC LAW 110–140—DEC. 19, 2007 
including quantification of the results relative to the cri-
teria described under paragraph (2). 
‘‘(d) GRANTS
FOR INNOVATION
IN ENERGY SUSTAINABILITY.— 
‘‘(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 education in each State. 
‘‘(C) MINIMUM FUNDING.—Not less than 50 percent of 
the total funding for all grants under this subsection shall 
be awarded in grants to institutions 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 innovative applica-
tion that maximizes energy efficiency and sustain-
ability; 
‘‘(B) have the greatest potential for testing or dem-
onstrating new technologies or processes; and 
‘‘(C) to the extent undertaken by an institution of 
higher education, ensure active student participation in 
the project, including the planning, 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 available to the public, reports 
that describe the results of the projects carried out using grant 
funds. 
‘‘(e) ALLOCATION TO INSTITUTIONS OF HIGHER EDUCATION 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 institutions of higher education that have 
an endowment of not more than $100,000,000. 
‘‘(2) REQUIREMENT.—To the extent that applications 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 endowment 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 subsection (b), grant funds shall 
be available for not more than— 
‘‘(A) an amount equal to the lesser of— 
‘‘(i) $50,000; or 
‘‘(ii) 75 percent of the cost of feasibility studies 
to assess the potential for implementation or improve-
ment of sustainable energy infrastructure; 
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121 STAT. 1646 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) an amount equal to the lesser of— 
‘‘(i) $90,000; or 
‘‘(ii) 60 percent of the cost of guidance on over-
coming barriers to project implementation, 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 energy infrastructure. 
‘‘(3) GRANTS FOR EFFICIENCY IMPROVEMENT AND ENERGY 
SUSTAINABILITY.—In the case of grants for efficiency improve-
ment 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 SUSTAINABILITY.— 
In the case of grants for innovation in 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 appro-
priated funds, the Secretary shall provide loans to institutional 
entities for the purpose of implementing energy efficiency 
improvements and sustainable 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 conditions 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. 
‘‘(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 securities with a similar maturity to the 
direct loans being made. 
‘‘(ii) MINIMUM.—The minimum interest rate of 
loans under this subsection shall be at the interest 
rate of the benchmark financial instrument. 
‘‘(iii) NEW LOANS.—The minimum interest rate of 
new loans shall be adjusted each quarter to take 
account of changes in the interest rate of the bench-
mark financial instrument. 
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121 STAT. 1647 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(E) CREDIT RISK.—The Secretary shall— 
‘‘(i) prescribe explicit standards for use in periodi-
cally assessing the credit risk of making direct loans 
under this subsection; and 
‘‘(ii) find that there is a reasonable assurance of 
repayment before making a loan. 
‘‘(F) ADVANCE
BUDGET
AUTHORITY
REQUIRED.—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 
advance, as required by section 504 of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661c). 
‘‘(3) CRITERIA.—Evaluation of projects for potential loan 
funding shall be based on criteria established 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 energy sources 
or renewable thermal energy sources; 
‘‘(D) reduction in consumption of fossil fuels; and 
‘‘(E) need for funding assistance, including consider-
ation of the size of endowment or other financial resources 
available to the institutional entity. 
‘‘(4) LABOR STANDARDS.— 
‘‘(A) 
IN
GENERAL.—All 
laborers 
and 
mechanics 
employed by contractors or subcontractors in the perform-
ance 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 Sec-
retary 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 
obtaining adequate assurance that required labor stand-
ards will be maintained upon the construction work. 
‘‘(B) AUTHORITY
AND
FUNCTIONS.—The Secretary of 
Labor shall have, with respect to the labor standards speci-
fied in paragraph (1), the authority and functions set forth 
in Reorganization Plan Number 14 of 1950 (15 Fed. Reg. 
3176; 64 Stat. 1267) and section 3145 of title 40, United 
States Code. 
‘‘(h) PROGRAM PROCEDURES.—Not later than 180 days after 
the date of enactment of this section, the Secretary 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 appropriated 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 appropriated for 
the initial cost of direct loans authorized in subsection (g) 
$500,000,000 for each of fiscal years 2009 through 2013, of 
Deadline. 
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121 STAT. 1648 
PUBLIC LAW 110–140—DEC. 19, 2007 
which not more than 5 percent may be used for administrative 
expenses.’’. 
Subtitle G—Public and Assisted Housing 
SEC. 481. APPLICATION OF INTERNATIONAL ENERGY CONSERVATION 
CODE TO PUBLIC AND ASSISTED HOUSING. 
Section 109 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12709) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(C), by striking, ‘‘, where such 
standards are determined to be cost effective by the Sec-
retary of Housing and Urban Development’’; and 
(B) in the first sentence of paragraph (2)— 
(i) by striking ‘‘Council of American Building Offi-
cials Model Energy Code, 1992’’ and inserting ‘‘2006 
International Energy Conservation Code’’; and 
(ii) by striking ‘‘, and, with respect to rehabilitation 
and new construction of public 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 Energy Conservation 
Code’’; 
(2) in subsection (b)— 
(A) in the heading, by striking ‘‘MODEL
ENERGY 
CODE.—’’ and inserting ‘‘INTERNATIONAL ENERGY CON-
SERVATION CODE.—’’; 
(B) by inserting ‘‘and rehabilitation’’ after ‘‘all new 
construction’’; and 
(C) by striking ‘‘, and, with respect to rehabilitation 
and new construction of public 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 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 rehabilitation 
and new construction of public 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 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 Secretary of Agri-
culture have not, within 1 year after the requirements 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 sub-
section (a) shall meet the requirements of the revised code or 
standard if— 
‘‘(1) the Secretary of Housing and Urban Development or 
the Secretary of Agriculture make a determination that the 
revised codes do not negatively affect the availability or afford-
ability of new construction of assisted housing and single family 
and multifamily residential housing (other than manufactured 
Deadline. 
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121 STAT. 1649 
PUBLIC LAW 110–140—DEC. 19, 2007 
homes) subject to mortgages insured under the National 
Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed, 
or made by the Secretary of Agriculture 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 determination 
under section 304 of the Energy Conservation and Production 
Act (42 U.S.C. 6833) that the revised code or standard would 
improve energy efficiency.’’; 
(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 Commercial 
Director shall establish guidelines to implement a demonstration 
project to contribute to the research goals of the Office of Commer-
cial High-Performance Green Buildings and the Office of Federal 
High-Performance Green Buildings. 
(b) PROJECTS.—In accordance with guidelines established 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 Commer-
cial Director shall carry out— 
(1) for each of fiscal years 2009 through 2014, 1 demonstra-
tion 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, monitoring, and data 
collection related to the green features, for study of the 
impact of the features on overall energy 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 identified pursuant to 
section 436(h); 
(2) no fewer than 4 demonstration projects at 4 universities, 
that, as competitively selected by the Commercial Director in 
accordance with subsection (c)(2), have— 
(A) appropriate research resources and relevant 
projects to meet the goals of the demonstration project 
established by the Office of Commercial High-Performance 
Green Buildings; and 
(B) the ability— 
(i) to serve as a model for high-performance green 
building initiatives, including research and education 
by achieving the highest rating offered by the high 
performance green building system identified pursuant 
to section 436(h); 
(ii) to identify the most effective ways to use high- 
performance green building and landscape technologies 
Guidelines. 
42 USC 17121. 
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121 STAT. 1650 
PUBLIC LAW 110–140—DEC. 19, 2007 
to engage and educate undergraduate and graduate 
students; 
(iii) to effectively implement a high-performance 
green building education program for students and 
occupants; 
(iv) to demonstrate the effectiveness of various 
high-performance technologies, including their impacts 
on energy use and operational costs, in each of the 
4 climatic regions of the United States described in 
subsection (c)(2)(B); and 
(v) to explore quantifiable and nonquantifiable 
beneficial impacts on public health and employee and 
student performance; 
(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 information 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 demonstration 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 tech-
nologies; 
(ii) analysis of materials, components, systems, and 
emergency operations in the building, and the impact 
of those materials, components, and systems, including 
the impact on the health of building occupants; 
(iii) life-cycle costing and life-cycle assessment of 
building materials and systems; and 
(iv) location and design that promote access to 
the Federal facility through walking, biking, and mass 
transit; and 
(B) possess sufficient technological and organizational 
adaptability. 
(2) UNIVERSITIES.—With respect to the 4 universities at 
which a demonstration project under this section is conducted— 
(A) the universities should be selected, after careful 
review of all applications received containing the required 
information, as determined by the Commercial Director, 
based on— 
(i) 
successful 
and 
established 
public-private 
research and development partnerships; 
(ii) demonstrated capabilities to construct or ren-
ovate buildings that meet high indoor environmental 
quality standards; 
(iii) organizational flexibility; 
(iv) technological adaptability; 
(v) the demonstrated capacity of at least 1 univer-
sity to replicate lessons learned among nearby or sister 
universities, preferably by participation in groups or 
consortia that promote sustainability; 
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121 STAT. 1651 
PUBLIC LAW 110–140—DEC. 19, 2007 
(vi) the demonstrated capacity of at least 1 univer-
sity to have officially-adopted, institution-wide ‘‘high- 
performance green building’’ guidelines for all campus 
building projects; and 
(vii) the demonstrated capacity of at least 1 univer-
sity 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 different cli-
matic region of the United States, each of which regions 
shall have, as determined by the Office of Commercial 
High-Performance Green Buildings— 
(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 summers). 
(d) APPLICATIONS.—To receive a grant under subsection (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 
determined by the Secretary of Labor in accordance with sections 
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. 
(e) REPORT.—Not later than 1 year after the date of enactment 
of this Act, and annually thereafter through September 30, 2014— 
(1) the Federal Director and the Commercial Director shall 
submit to the Secretary a report that describes 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 demonstration 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 relating to high- 
performance green buildings; and 
(B) coordinate activities of common interest; 
(2) develop and recommend a high-performance green 
building research plan that— 
42 USC 17122. 
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121 STAT. 1652 
PUBLIC LAW 110–140—DEC. 19, 2007 
(A) identifies information and research needs, including 
the relationships between human health, occupant produc-
tivity, safety, security, and accessibility and each of— 
(i) emissions from materials and products in the 
building; 
(ii) natural day lighting; 
(iii) ventilation choices and technologies; 
(iv) heating, cooling, and system control choices 
and technologies; 
(v) moisture control and mold; 
(vi) maintenance, cleaning, and pest control activi-
ties; 
(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 dissemination of 
high-performance green building measurement tools that, 
at a minimum, may be used— 
(i) to monitor and assess the life-cycle performance 
of facilities (including demonstration projects) built as 
high-performance green buildings; and 
(ii) to perform life-cycle assessments; and 
(C) identifies and tests new and emerging technologies 
for high-performance green buildings; 
(3) assist the budget and life-cycle costing functions 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 develop and carry out a com-
prehensive indoor air quality program for all Federal facilities to 
ensure the safety of Federal workers and facility occupants— 
(1) during new construction and renovation of facilities; 
and 
(2) in existing facilities. 
SEC. 493. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION 
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 GOVERN-
MENTS. 
‘‘(a) GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Administrator shall establish a dem-
onstration program under which the Administrator shall pro-
vide competitive grants to assist local governments (such as 
municipalities and counties), with respect to local government 
buildings— 
‘‘(A) to deploy cost-effective technologies and practices; 
and 
42 USC 7628. 
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121 STAT. 1653 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) to achieve operational cost savings, through the 
application of cost-effective technologies and practices, as 
verified by the Administrator. 
‘‘(2) COST SHARING.— 
‘‘(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 Adminis-
trator 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 economi-
cally distressed, pursuant to objective economic criteria 
established by the Administrator in published guidelines. 
‘‘(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 Administrator 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 oper-
ational cost savings through the application of cost-effective 
technologies and practices reported by grantees under this 
section; 
‘‘(B) standards for grantees to implement training pro-
grams, and to provide technical assistance and education, 
relating to the retrofit of buildings using cost-effective tech-
nologies and practices; and 
‘‘(C) a requirement that each local government 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 renovation 
(as calculated assuming a 3-year, weather-normalized aver-
age). 
‘‘(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.— 
‘‘(1) IN GENERAL.—The Administrator shall provide annual 
reports to Congress on cost savings achieved and actions taken 
and recommendations made under this section, and any rec-
ommendations 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. 
Deadline. 
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121 STAT. 1654 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(f) TERMINATION.—The program under this section shall termi-
nate on September 30, 2012. 
‘‘(g) DEFINITIONS.—In this section, the terms ‘cost-effective tech-
nologies and practices’ and ‘operating cost savings’ 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 com-
mittee, to be known as the ‘‘Green Building Advisory Committee’’. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Committee shall be composed of rep-
resentatives of, at a minimum— 
(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 associations or 
councils; 
(iii) building experts, including architects, material 
suppliers, and construction contractors; 
(iv) security advisors focusing on national security 
needs, natural disasters, and other dire emergency 
situations; 
(v) public transportation industry experts; and 
(vi) environmental health experts, including those 
with experience in children’s health. 
(2) NON-FEDERAL MEMBERS.—The total number of non-Fed-
eral 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. 
(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 recommendations relating to Federal 
activities carried out under sections 434 through 436 as are agreed 
to by a majority of the members of the Committee. 
(e) FACA EXEMPTION.—The Committee shall not be subject 
to section 14 of the Federal Advisory Committee Act (5 U.S.C. 
App.). 
SEC. 495. ADVISORY COMMITTEE ON ENERGY EFFICIENCY FINANCE. 
(a) ESTABLISHMENT.—The Secretary, acting through the Assist-
ant Secretary of Energy for Energy Efficiency and Renewable 
Energy, shall establish an Advisory Committee on Energy Efficiency 
Finance to provide advice and recommendations to the Department 
on energy efficiency finance 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 established under 
this section shall have a balanced membership that shall include 
members with expertise in— 
(1) availability of seed capital; 
42 USC 17124. 
Deadline. 
42 USC 17123. 
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121 STAT. 1655 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) availability of venture capital; 
(3) availability of other sources of private equity; 
(4) investment banking with respect to corporate finance; 
(5) investment banking with respect to mergers and acquisi-
tions; 
(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 Energy Effi-
ciency 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. 
TITLE V—ENERGY SAVINGS IN GOVERN-
MENT AND PUBLIC INSTITUTIONS 
Subtitle A—United States Capitol Complex 
SEC. 501. CAPITOL COMPLEX PHOTOVOLTAIC ROOF FEASIBILITY 
STUDIES. 
(a) STUDIES.—The Architect of the Capitol may conduct feasi-
bility studies regarding construction of photovoltaic roofs for the 
Rayburn House Office Building and the Hart Senate Office Building. 
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Architect of the Capitol shall transmit to 
the Committee on Transportation and Infrastructure 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 regarding 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 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 oper-
ating with E–85 fuel, subject to such other legislative branch agen-
cies reimbursing the Architect of the Capitol for the costs of E– 
85 fuel used by such other legislative 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 COM-
PLEX MASTER PLAN. 
(a) IN GENERAL.—To the maximum extent practicable, the 
Architect of the Capitol shall include energy efficiency and conserva-
tion measures, greenhouse gas emission reduction measures, and 
2 USC 1824. 
2 USC 2169. 
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121 STAT. 1656 
PUBLIC LAW 110–140—DEC. 19, 2007 
other appropriate environmental measures in the Capitol Complex 
Master Plan. 
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Architect of the Capitol shall submit to 
the Committee on Transportation and Infrastructure 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 environmental measures included in the Capitol Com-
plex Master Plan pursuant to subsection (a). 
SEC. 504. PROMOTING MAXIMUM EFFICIENCY IN OPERATION OF CAP-
ITOL 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 adjusting steam pressures and adjusting the oper-
ation of the boilers to take into account variations in demand, 
including seasonality, for the use of the system. 
(2) EFFECTIVE DATE.—The Architect shall implement 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 adjusting water temperatures and adjusting the oper-
ation of the chillers to take into account variations in demand, 
including seasonality, for the use of the system. 
(2) EFFECTIVE DATE.—The Architect shall implement 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 Capitol 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 describing the actions taken and 
the energy efficiencies achieved to the Committee on Transportation 
and Infrastructure of the House of Representatives, the Committee 
on Commerce, Science, and Transportation of the Senate, the Com-
mittee on House Administration of the House of Representatives, 
and the Committee on Rules and Administration of the Senate. 
SEC. 505. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS FEASI-
BILITY STUDY AND DEMONSTRATION 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 
Deadline. 
2 USC 2162a. 
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121 STAT. 1657 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) by striking ‘‘Provided, That hereafter the’’ and all that 
follows through the end of the proviso and inserting the fol-
lowing: 
‘‘(a) DESIGNATION.—The heating, lighting, and power plant con-
structed 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 dioxide 
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 Capitol shall 
conduct a feasibility study evaluating the available methods to 
capture, store, and use carbon dioxide emitted from the Capitol 
Power Plant as a result of burning fossil fuels. In carrying out 
the feasibility study, the Architect of the Capitol is encouraged 
to consult with individuals with expertise in carbon capture and 
storage or use, including experts with the Environmental Protection 
Agency, Department of Energy, academic institutions, non-profit 
organizations, and industry, as appropriate. The study shall con-
sider— 
‘‘(1) the availability of technologies to capture and store 
or use Capitol Power Plant carbon dioxide emissions; 
‘‘(2) strategies to conserve energy and reduce carbon 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 determines that 
a demonstration project to capture and store or use Capitol 
Power Plant carbon dioxide emissions is technologically feasible 
and economically justified (including direct and indirect eco-
nomic and environmental benefits), the Architect of the Capitol 
may conduct 1 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. 
‘‘(2) FACTORS FOR CONSIDERATION.—In carrying out such 
demonstration projects, the Architect of the Capitol shall con-
sider— 
‘‘(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 pro-
posed 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 edu-
cational 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 Architect of 
the Capitol. 
2 USC 2162. 
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121 STAT. 1658 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(3) TERMS
AND
CONDITIONS.—A demonstration project 
funded under this section shall be subject to such terms and 
conditions as the Architect of the Capitol may prescribe. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out the feasibility study and demonstra-
tion project $3,000,000. Such sums shall remain available until 
expended.’’. 
Subtitle B—Energy Savings Performance 
Contracting 
SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS. 
(a) IN GENERAL.—Section 801(a)(2)(D) of the National 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 Energy Con-
servation Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting 
‘‘and any termination penalty exposure’’ 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). 
SEC. 512. FINANCING FLEXIBILITY. 
Section 801(a)(2) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the 
following: 
‘‘(E) FUNDING
OPTIONS.—In carrying out a contract 
under this title, a Federal agency may use any combination 
of— 
‘‘(i) appropriated funds; and 
‘‘(ii) private financing under an energy savings 
performance contract.’’. 
SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE 
CONTRACTS AND VERIFYING SAVINGS. 
Section 801(a)(2) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended— 
(1) in subparagraph (D), by inserting ‘‘beginning on the 
date of the delivery order’’ after ‘‘25 years’’; and 
(2) by adding at the end the following: 
‘‘(F) PROMOTION OF CONTRACTS.—In carrying 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 shorter than 25 years; or 
‘‘(ii) limit the total amount of obligations under 
energy savings performance contracts or other private 
financing of energy savings measures. 
‘‘(G) MEASUREMENT AND VERIFICATION REQUIREMENTS 
FOR PRIVATE FINANCING.— 
‘‘(i) IN GENERAL.—In the case of energy savings 
performance contracts, the evaluations and savings 
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121 STAT. 1659 
PUBLIC LAW 110–140—DEC. 19, 2007 
measurement and verification required under para-
graphs (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 sec-
tion. 
‘‘(ii) MODIFICATION OF EXISTING CONTRACTS.—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 savings 
performance contracts, and other indefinite delivery 
and 
indefinite 
quantity 
contracts 
using 
private 
financing, to conform 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 Policy 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 appro-
priately; 
(2) by striking ‘‘means a reduction’’ and inserting ‘‘means— 
‘‘(A) a reduction’’; 
(3) by striking the period at the end and inserting a semi-
colon; and 
(4) by adding at the end the following: 
‘‘(B) the increased efficient use of an existing energy 
source by cogeneration or heat recovery; 
‘‘(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 cogeneration, but in excess of Federal needs, 
to utilities or non-Federal energy users; and 
‘‘(D) the increased efficient use of existing water 
sources in interior or exterior applications.’’. 
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 NEGO-
TIATE ENERGY EFFICIENCY CONTRACTS. 
(a) PROGRAM.—The Secretary shall create and administer in 
the Federal Energy Management Program a training program to 
educate Federal contract negotiation and contract management per-
sonnel so that the contract officers are prepared to— 
(1) negotiate energy savings performance contracts; 
(2) conclude effective and timely contracts for energy effi-
ciency services with all companies offering energy efficiency 
services; and 
42 USC 17131. 
Deadline. 
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121 STAT. 1660 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) review Federal contracts for all products and services 
for the potential energy efficiency opportunities and implica-
tions of the contracts. 
(b) SCHEDULE.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall plan, staff, announce, and 
begin training under the Federal Energy Management Program. 
(c) PERSONNEL TO BE TRAINED.—Personnel appropriate to 
receive training under the Federal Energy Management Program 
shall be selected by and sent for the training 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 Development; 
(6) the United States Postal Service; and 
(7) all other Federal agencies and departments that enter 
contracts for buildings, building services, electricity and elec-
tricity services, natural gas and natural gas services, heating 
and air conditioning services, building fuel purchases, and other 
types of procurement or service contracts determined by the 
Secretary, in carrying out the Federal Energy Management 
Program, to offer the potential for energy savings and green-
house gas emission reductions if negotiated with taking into 
account those goals. 
(d) TRAINERS.—Training under the Federal Energy Manage-
ment Program may be conducted by— 
(1) attorneys or contract officers with experience in negoti-
ating and managing contracts described in subsection (c)(7) 
from any agency, except that the Secretary shall reimburse 
the related salaries and expenses 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 con-
tract to provide energy efficiency services to the Federal Govern-
ment. 
(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. 
SEC. 518. STUDY OF ENERGY AND COST SAVINGS IN NONBUILDING 
APPLICATIONS. 
(a) DEFINITIONS.—In this section: 
(1) NONBUILDING
APPLICATION.—The term ‘‘nonbuilding 
application’’ means— 
(A) any class of vehicles, devices, or equipment 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 environment within 
the vehicle, device, or equipment; and 
(B) any federally-owned equipment used to generate 
electricity or transport water. 
(2) SECONDARY SAVINGS.— 
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121 STAT. 1661 
PUBLIC LAW 110–140—DEC. 19, 2007 
(A) IN GENERAL.—The term ‘‘secondary savings’’ means 
additional energy or cost savings that are a direct con-
sequence of the energy savings that result from the energy 
efficiency improvements that were financed and imple-
mented pursuant to an energy savings performance con-
tract. 
(B) 
INCLUSIONS.—The 
term 
‘‘secondary 
savings’’ 
includes— 
(i) energy and cost savings that result from a 
reduction in the need for fuel delivery and logistical 
support; 
(ii) personnel cost savings and environmental bene-
fits; and 
(iii) in the case of electric generation equipment, 
the benefits of increased efficiency in the production 
of electricity, including revenues received by the Fed-
eral Government from the sale of electricity so pro-
duced. 
(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 non-
building applications. 
(2) REQUIREMENTS.—The study under this subsection shall 
include— 
(A) an estimate of the potential energy and cost savings 
to the Federal Government, including secondary savings 
and benefits, from increased efficiency in nonbuilding 
applications; 
(B) an assessment of the feasibility of extending 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 the 
Secretary of Defense determine to be appropriate. 
Subtitle C—Energy Efficiency in Federal 
Agencies 
SEC. 521. INSTALLATION OF PHOTOVOLTAIC SYSTEM AT DEPARTMENT 
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 Federal 
Buildings Fund established by section 592 of title 40, United States 
Code, $30,000,000 to carry out this section. Such sums shall be 
derived from the unobligated balance of amounts made available 
from the Fund for fiscal year 2007, and prior fiscal years, for 
repairs and alternations and other activities (excluding amounts 
Reports. 
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121 STAT. 1662 
PUBLIC LAW 110–140—DEC. 19, 2007 
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 incandescent 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 incandescent lamp is— 
(1) necessary due to purpose or design, including medical, 
security, and industrial applications; 
(2) reasonable due to the architectural or historical value 
of a light fixture installed before January 1, 2009; or 
(3) the Commandant of the Coast Guard determines 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. 
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 compared to other 
reasonably available technologies, not less than 30 per-
cent of the hot water demand for each new Federal 
building or Federal building undergoing a major ren-
ovation 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 Policy Act 
(42 U.S.C. 8259b) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following: 
‘‘(e) 
FEDERALLY-PROCURED
APPLIANCES
WITH
STANDBY 
POWER.— 
‘‘(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 para-
graph (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 subparagraph 
(A) is not available, the eligible product with the lowest 
Effective date. 
42 USC 17141. 
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121 STAT. 1663 
PUBLIC LAW 110–140—DEC. 19, 2007 
available standby power wattage in the standby power 
consuming mode of the eligible product. 
‘‘(3) LIMITATION.—The requirements of paragraph (2) shall 
apply to a purchase by an agency only if— 
‘‘(A) the lower-wattage eligible product is— 
‘‘(i) lifecycle cost-effective; and 
‘‘(ii) practicable; and 
‘‘(B) the utility and performance of the eligible product 
is not compromised by the lower wattage requirement. 
‘‘(4) ELIGIBLE PRODUCTS.—The Secretary, in consultation 
with the Secretary of Defense, the Administrator of the 
Environmental Protection Agency, and the Administrator of 
General Services, shall compile a publicly accessible list of 
cost-effective eligible products that shall be subject to the pur-
chasing requirements of paragraph (2).’’. 
SEC. 525. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS. 
(a) AMENDMENTS.—Section 553 of the National Energy Con-
servation Policy Act (42 U.S.C. 8259b) is amended— 
(1) in subsection (b)(1), by inserting ‘‘in a product category 
covered by the Energy Star program or the Federal Energy 
Management Program for designated 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 
(B) by striking ‘‘where the agency’’ and inserting ‘‘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 amendment made by subsection 
(a)(2)(A) has been fully complied with. 
SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS. 
No Federal agency shall enter into a contract for procurement 
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 equivalent conventional fuel produced from conventional 
petroleum 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 the Office of Manage-
ment and Budget an annual Government efficiency status report 
on— 
(1) compliance by the agency with each of the requirements 
of this title and the amendments made by this title; 
(2) the status of the implementation by the agency of 
initiatives to improve energy efficiency, reduce energy costs, 
and reduce emissions of greenhouse gases; and 
42 USC 17143. 
42 USC 17142. 
42 USC 8259b 
note. 
Records. 
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121 STAT. 1664 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) savings to the taxpayers of the United States resulting 
from mandated improvements under this title and the amend-
ments 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 requirements. 
SEC. 528. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORE-
CARDS. 
(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 Committee on Oversight and 
Government Reform of the House of Representatives and the Com-
mittee on Governmental Affairs 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 necessary to 
meet the goals of this title and the amendments made by 
this title. 
(b) SCORECARDS.—The Director of the Office of Management 
and Budget shall include in any annual energy scorecard the 
Director is otherwise required to submit a description of the compli-
ance of each agency with the requirements 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 amended by adding at the 
end the following: 
‘‘PART 5—PEAK DEMAND REDUCTION 
‘‘SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE. 
‘‘(a) NATIONAL ASSESSMENT AND REPORT.—The Federal Energy 
Regulatory Commission (‘Commission’) shall conduct a National 
Assessment of Demand Response. The Commission shall, within 
18 months of the date of enactment 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 updates 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 enactment of this 
part accompanied by specific policy recommendations that if 
implemented can achieve the estimated potential. Such rec-
ommendations shall include options for funding and/or incen-
tives for the development of demand response resources. 
‘‘(3) The Commission shall further note any barriers to 
demand response programs offering flexible, non-discrimina-
tory, and fairly compensatory terms for the services and benefits 
made available, and shall provide recommendations for over-
coming such barriers. 
42 USC 8279. 
42 USC 17144. 
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121 STAT. 1665 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(4) The Commission shall seek to take advantage of pre-
existing research and ongoing work, and shall insure that there 
is no duplication of effort. 
‘‘(b) NATIONAL ACTION PLAN
ON DEMAND RESPONSE.—The 
Commission shall further develop a National 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 consensus where possible, and decide on optimum solu-
tions to issues that defy consensus. Such Plan shall be completed 
within 1 year after the completion of the National Assessment 
of Demand Response, and shall meet each of the following objectives: 
‘‘(1) Identification of requirements for technical assistance 
to States to allow them to maximize the amount of demand 
response resources that can be developed and deployed. 
‘‘(2) 
Design 
and 
identification 
of 
requirements 
for 
implementation of a national communications program that 
includes broad-based customer education and support. 
‘‘(3) Development or identification of analytical tools, 
information, model regulatory provisions, model contracts, and 
other support materials for use by customers, States, utilities 
and demand response providers. 
‘‘(c) Upon completion, the National Action Plan on Demand 
Response shall be published, together with any favorable and dis-
senting comments submitted by participants in its preparation. 
Six months after publication, the Commission, together with the 
Secretary of Energy, shall submit to Congress a proposal to imple-
ment the Action Plan, including specific proposed assignments of 
responsibility, proposed budget amounts, and any agreements 
secured for participation from State and other participants. 
‘‘(d) AUTHORIZATION.—There are authorized to be appropriated 
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 PROGRAMS. 
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’’. 
SEC. 532. UTILITY ENERGY EFFICIENCY PROGRAMS. 
(a) ELECTRIC UTILITIES.—Section 111(d) of the Public 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— 
Deadline. 
Proposal. 
Publication. 
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121 STAT. 1666 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(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
PROMOTE
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 investments. 
‘‘(B) POLICY
OPTIONS.—In complying with subpara-
graph (A), each State regulatory authority and each non-
regulated utility shall consider— 
‘‘(i) removing the throughput incentive and other 
regulatory and management disincentives to energy 
efficiency; 
‘‘(ii) providing utility incentives for the successful 
management of energy efficiency programs; 
‘‘(iii) including the impact on adoption of energy 
efficiency as 1 of the goals of retail rate design, recog-
nizing that energy efficiency must be balanced with 
other objectives; 
‘‘(iv) adopting rate designs that encourage energy 
efficiency for each customer class; 
‘‘(v) allowing timely recovery of energy efficiency- 
related costs; and 
‘‘(vi) offering home energy audits, offering demand 
response programs, publicizing the financial and 
environmental benefits associated with making home 
energy efficiency improvements, and educating home-
owners about all existing Federal and State incentives, 
including the availability of low-cost loans, that make 
energy efficiency 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: 
‘‘(5) ENERGY EFFICIENCY.—Each natural gas utility shall— 
‘‘(A) integrate energy efficiency resources into the plans 
and planning processes of the natural gas utility; and 
‘‘(B) adopt policies that establish energy efficiency as 
a priority resource in the plans and planning processes 
of the natural gas utility. 
‘‘(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFI-
CIENCY INVESTMENTS.— 
‘‘(A) IN GENERAL.—The rates allowed to be charged 
by a natural gas utility shall align utility incentives with 
the deployment of cost-effective energy efficiency. 
‘‘(B) POLICY
OPTIONS.—In complying with subpara-
graph (A), each State regulatory authority and each non-
regulated utility shall consider— 
‘‘(i) separating fixed-cost revenue recovery from the 
volume of transportation or sales service provided to 
the customer; 
‘‘(ii) providing to utilities incentives for the success-
ful management of energy efficiency programs, such 
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121 STAT. 1667 
PUBLIC LAW 110–140—DEC. 19, 2007 
as allowing utilities to retain a portion of the cost- 
reducing benefits accruing from the programs; 
‘‘(iii) promoting the impact on adoption of energy 
efficiency as 1 of the goals of retail rate design, recog-
nizing that energy efficiency must be balanced with 
other objectives; and 
‘‘(iv) adopting rate designs that encourage 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 (15 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 entity’’ means— 
(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-alternative 1; 
and 
(B) an eligible unit of local government-alternative 2. 
(3)(A) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE 
1.—The term ‘‘eligible unit of local government-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. 
(B) ELIGIBLE UNIT OF LOCAL GOVERNMENT-ALTERNATIVE 2.— 
The term ‘‘eligible unit of local government-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 Effi-
ciency and Conservation Block Grant Program established 
under section 542(a). 
(6) STATE.—The term ‘‘State’’ means— 
(A) a State; 
42 USC 17151. 
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121 STAT. 1668 
PUBLIC LAW 110–140—DEC. 19, 2007 
(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 Conservation Block 
Grant Program’’, under which the Secretary 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 result of 
activities within the jurisdictions of eligible entities in a manner 
that— 
(A) is environmentally sustainable; and 
(B) to the maximum extent practicable, maximizes 
benefits for local and regional communities; 
(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 provide grants 
under this subtitle for each fiscal year, the Secretary shall allocate— 
(1) 68 percent to eligible units of local government in 
accordance with subsection (b); 
(2) 28 percent to States in accordance with subsection 
(c); 
(3) 2 percent to Indian tribes in accordance with subsection 
(d); and 
(4) 2 percent for competitive grants under section 546. 
(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—Of amounts avail-
able for distribution to eligible units of local government under 
subsection (a)(1), the Secretary shall provide grants to eligible units 
of local government under this section based on a formula estab-
lished by the Secretary according to— 
(1) the populations served by the eligible units of local 
government, according to the latest available decennial 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 provide— 
(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 
(B) any other criteria that the Secretary determines 
to be appropriate. 
(d) INDIAN TRIBES.—Of amounts available for distribution to 
Indian tribes under subsection (a)(3), the Secretary shall establish 
42 USC 17153. 
42 USC 17152. 
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121 STAT. 1669 
PUBLIC LAW 110–140—DEC. 19, 2007 
a formula for allocation of the amounts to Indian tribes, taking 
into account any factors that the Secretary determines to be appro-
priate. 
(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 Secretary 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 committee 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 energy efficiency 
and conservation strategy under section 545(b); 
(2) retaining technical consultant services to assist the 
eligible entity in the development of such a strategy, 
including— 
(A) formulation of energy efficiency, energy conserva-
tion, and energy usage goals; 
(B) identification of strategies to achieve those goals— 
(i) through efforts to increase energy efficiency 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 implementation of 
the energy efficiency and conservation strategy; 
(3) conducting residential and commercial building energy 
audits; 
(4) establishment of financial incentive programs for energy 
efficiency improvements; 
(5) the provision of grants to nonprofit organizations 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 entity, including— 
(A) design and operation of the programs; 
(B) identifying the most effective methods for achieving 
maximum participation and efficiency rates; 
(C) public education; 
(D) measurement and verification protocols; and 
(E) identification of energy efficient technologies; 
(7) development and implementation of programs to con-
serve energy used in transportation, including— 
(A) use of flex time by employers; 
42 USC 17154. 
Establishment. 
Deadline. 
Federal Register, 
publication. 
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121 STAT. 1670 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) satellite work centers; 
(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 walkways; 
(E) synchronization of traffic signals; and 
(F) other measures that increase energy efficiency and 
decrease energy consumption; 
(8) development and implementation of building codes and 
inspection services to promote building energy 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 efficiency rates 
for material conservation programs, including source reduction, 
recycling, and recycled content procurement programs that lead 
to increases in energy efficiency; 
(11) the purchase and implementation of technologies to 
reduce, capture, and, to the maximum extent 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, including— 
(A) light emitting diodes; and 
(B) any other technology of equal or greater energy 
efficiency; 
(13) development, implementation, and installation on or 
in any government building of the eligible entity of onsite 
renewable energy technology that generates electricity from 
renewable resources, including— 
(A) solar energy; 
(B) wind energy; 
(C) fuel cells; and 
(D) biomass; and 
(14) any other appropriate activity, as determined 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. 
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 Sec-
retary a written assurance that all laborers and mechanics 
employed by any contractor or subcontractor of the eligible 
entity during any construction, 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 construc-
tion 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. 
42 USC 17155. 
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121 STAT. 1671 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) SECRETARY OF LABOR.—With respect to the labor stand-
ards referred to in paragraph (1), the Secretary 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
INDIAN 
TRIBES.— 
(1) PROPOSED STRATEGY.— 
(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 government or Indian tribe shall submit to the 
Secretary a proposed energy efficiency and conservation 
strategy in accordance with this paragraph. 
(B) 
INCLUSIONS.—The 
proposed 
strategy 
under 
subparagraph (A) shall include— 
(i) a description of the goals of the eligible unit 
of local government or Indian tribe, in accordance with 
the purposes of this subtitle, for increased energy effi-
ciency 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 subpara-
graph (A), an eligible unit of local government shall— 
(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 activities carried out using the 
grant to maximize the energy efficiency and conserva-
tion benefits under this subtitle. 
(2) APPROVAL BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall approve or dis-
approve 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 disapproves a pro-
posed strategy under subparagraph (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 government or Indian 
tribe may revise and resubmit the proposed strategy 
as many times as necessary until the Secretary 
approves a proposed strategy. 
(C) REQUIREMENT.—The Secretary shall not provide 
to an eligible unit of local government or Indian tribe 
any grant under the program until a proposed strategy 
of the eligible unit of local government or Indian tribe 
is approved by the Secretary under this paragraph. 
(3) LIMITATIONS ON USE OF FUNDS.—Of amounts provided 
to an eligible unit of local government or Indian tribe under 
Deadline. 
Deadline. 
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121 STAT. 1672 
PUBLIC LAW 110–140—DEC. 19, 2007 
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 nongovernmental 
organizations 
for 
the 
purpose 
of 
assisting 
in 
the 
implementation of the energy efficiency and conservation 
strategy of the eligible 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 eligible unit of local government or 
Indian tribe shall submit to the Secretary a report describing— 
(A) the status of development and implementation of 
the energy efficiency and conservation strategy of the 
eligible unit of local government or Indian tribe; and 
(B) as practicable, an assessment of energy efficiency 
gains within the jurisdiction of the eligible 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 subgrants to units of local 
government in the State that are not eligible units of 
local government. 
(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; 
PROPOSED 
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 Energy Policy and Conserva-
tion 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 energy 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 the program to assist the State 
in achieving the goals established under subparagraph 
(A), in accordance with sections 542(b) and 544. 
Deadline. 
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121 STAT. 1673 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) APPROVAL BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall approve or dis-
approve a proposed strategy under paragraph (2)(B) by 
not later than 120 days after the date of submission of 
the proposed strategy. 
(B) DISAPPROVAL.—If the Secretary disapproves a pro-
posed strategy under subparagraph (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 necessary until the Sec-
retary approves a proposed strategy. 
(C) REQUIREMENT.—The Secretary shall not provide 
to a State any grant under the program until a proposed 
strategy of the State is approved by the Secretary under 
this paragraph. 
(4) LIMITATIONS ON USE OF FUNDS.—A State may use not 
more than 10 percent of amounts provided under the program 
for administrative expenses. 
(5) ANNUAL REPORTS.—Each State that receives a grant 
under the program shall submit to the Secretary an annual 
report that describes— 
(A) the status of development and implementation of 
the energy efficiency and conservation 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 calendar year; and 
(D) specific energy efficiency and conservation 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 described in para-
graph (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, 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 Sec-
retary shall give priority to units of local government— 
(1) located in States with populations of less than 2,000,000; 
or 
(2) that plan to carry out projects that would result in 
significant energy efficiency improvements or reductions in 
fossil fuel use. 
42 USC 17156. 
Deadline. 
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121 STAT. 1674 
PUBLIC LAW 110–140—DEC. 19, 2007 
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 misuse or misappropria-
tion of funds provided under the program; or 
(2) the energy efficiency and conservation strategy of the 
eligible entity. 
SEC. 548. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) GRANTS.—There is authorized to be appropriated 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 govern-
ment-alternative 1 in section 541(3)(A) and 49 percent of the 
appropriated funds shall be distributed using the definition 
of eligible unit of local government-alternative 2 in section 
541(3)(B). 
(2) ADMINISTRATIVE
COSTS.—There are authorized to be 
appropriated to the Secretary for administrative 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. 
(b) MAINTENANCE OF FUNDING.—The funding provided under 
this section shall supplement (and not supplant) 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 Research and 
Advancement Act of 2007’’. 
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a program 
of research and development to provide lower cost and more viable 
42 USC 17171. 
42 USC 17001 
note. 
Solar Energy 
Research and 
Advancement 
Act of 2007. 
42 USC 17158. 
42 USC 17157. 
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121 STAT. 1675 
PUBLIC LAW 110–140—DEC. 19, 2007 
thermal energy storage technologies to enable the shifting of electric 
power loads on demand and extend the operating time of concen-
trating solar power electric generating plants. 
(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 electricity transmission systems, 
and to identify new transmission or transmission upgrades needed 
to bring electricity from high concentrating solar power resource 
areas to growing electric power load centers throughout the United 
States. The study shall analyze and assess cost-effective 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 man-
age 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. 
(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 consumed by concentrating solar 
power systems. 
SEC. 604. SOLAR ENERGY CURRICULUM DEVELOPMENT AND CERTIFI-
CATION 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 installation, 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 sup-
port the following activities: 
(1) Creation and development of a solar energy curriculum 
appropriate for the local educational, entrepreneurial, and 
environmental conditions, including curriculum for community 
colleges. 
(2) Support of certification programs for individual solar 
energy system installers, instructors, and training programs. 
(3) Internship programs that provide hands-on participa-
tion by students in commercial applications. 
(4) Activities required to obtain certification of training 
programs and facilities by an industry-accepted quality-control 
certification program. 
(5) Incorporation of solar-specific learning modules into 
traditional occupational training and internship programs for 
construction-related trades. 
(6) The purchase of equipment necessary to carry out activi-
ties under this section. 
42 USC 17172. 
Deadlines. 
Reports. 
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121 STAT. 1676 
PUBLIC LAW 110–140—DEC. 19, 2007 
(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 distribution of training pro-
grams nationally. Grants shall only be awarded for programs cer-
tified by an industry-accepted quality-control certification institu-
tion, or for new and growing programs with a credible path to 
certification. Due consideration shall be given to women, underrep-
resented 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 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 demonstra-
tion 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 energy 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 powered light sources 
they have replaced. 
(b) REPORTING.—The Secretary shall transmit to Congress an 
annual report assessing the measurable data derived 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— 
(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 artifi-
cial 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 designed to trans-
port visible solar radiation from its collection point to the 
interior of a building while excluding 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 DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a research, 
development, and demonstration program to promote less costly 
and more reliable decentralized distributed solar-powered air condi-
tioning for individuals and businesses. 
(b) AUTHORIZED ACTIVITIES.—Grants made available under this 
section may be used to support the following activities: 
42 USC 17174. 
42 USC 17173. 
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121 STAT. 1677 
PUBLIC LAW 110–140—DEC. 19, 2007 
(1) Advancing solar thermal collectors, including concen-
trating solar thermal and electric systems, flat plate and evacu-
ated tube collector performance. 
(2) Achieving technical and economic integration of solar- 
powered distributed air-conditioning systems with existing hot 
water and storage systems for residential applications. 
(3) Designing and demonstrating mass manufacturing capa-
bility to reduce costs of modular standardized solar-powered 
distributed air conditioning systems and components. 
(4) Improving the efficiency of solar-powered distributed 
air-conditioning to increase the effectiveness of solar-powered 
absorption chillers, solar-driven compressors and condensors, 
and cost-effective precooling approaches. 
(5) Researching and comparing performance of solar-pow-
ered 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. 
(c) COST SHARING.—Section 988 of the Energy Policy Act of 
2005 (42 U.S.C. 16352) shall apply to a project carried 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 program of 
grants to States to demonstrate advanced photovoltaic technology. 
(b) REQUIREMENTS.— 
(1) ABILITY TO MEET REQUIREMENTS.—To receive funding 
under the program under this section, a State must submit 
a proposal that demonstrates, to the satisfaction of the Sec-
retary, 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 program during that preceding year, and that 
it will do so in the future, before it can receive further funding 
under this section. 
(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 photo-
voltaic 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 demonstra-
tion of, or lower the costs of, advanced photovoltaic technologies; 
and 
Deadline. 
Grants. 
42 USC 17175. 
Applicability. 
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121 STAT. 1678 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) the extent to which a proposal is likely to— 
(A) maximize the amount of photovoltaics dem-
onstrated; 
(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 awards for 
the demonstration of advanced photovoltaic technologies. Each State 
program shall— 
(1) require a contribution of at least 60 percent per award 
from non-Federal sources, which may include 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 commercial, indus-
trial, institutional, governmental, and residential 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 dem-
onstrated throughout the average working life of the systems, 
or at least 20 years; and 
(6) require that applicant buildings must have received 
an independent energy efficiency audit during the 6-month 
period preceding the filing of the application. 
(g) UNEXPENDED FUNDS.—If a State fails to expend any funds 
received under this section within 3 years of receipt, such remaining 
funds shall be returned to the Treasury. 
(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, including a break-
down by State. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for the purposes 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. 
Subtitle B—Geothermal Energy 
SEC. 611. SHORT TITLE. 
This subtitle may be cited as the ‘‘Advanced Geothermal Energy 
Research and Development Act of 2007’’. 
42 USC 17001 
note. 
Advanced 
Geothermal 
Energy Research 
and Development 
Act of 2007. 
Reports. 
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121 STAT. 1679 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 612. DEFINITIONS. 
For purposes of this subtitle: 
(1) ENGINEERED.—When referring to enhanced geothermal 
systems, the term ‘‘engineered’’ means subjected to intervention, 
including intervention to address one or more of the following 
issues: 
(A) Lack of effective permeability or porosity or open 
fracture connectivity within the reservoir. 
(B) Insufficient contained geofluid in the reservoir. 
(C) A low average geothermal gradient, which neces-
sitates deeper drilling. 
(2) ENHANCED GEOTHERMAL SYSTEMS.—The term ‘‘enhanced 
geothermal systems’’ means geothermal reservoir systems that 
are engineered, as opposed 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 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’’ refers to heat 
energy stored in the Earth’s crust that can be accessed for 
direct use or electric power generation. 
(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 performance of the overall system, 
rather than a particular component of the system. 
SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall support programs of 
research, development, demonstration, and commercial application 
to expand the use of geothermal energy production from hydro-
thermal systems, including the programs described in subsection 
(b). 
(b) PROGRAMS.— 
(1) ADVANCED HYDROTHERMAL RESOURCE TOOLS.—The Sec-
retary, in consultation with other appropriate agencies, shall 
support a program to develop advanced geophysical, geo-
chemical, and geologic tools to assist in locating hidden hydro-
thermal resources, and to increase the reliability of site 
characterization before, during, and after initial drilling. The 
program shall develop new prospecting techniques to assist 
in prioritization of targets for characterization. The program 
shall include a field component. 
(2) INDUSTRY COUPLED EXPLORATORY DRILLING.—The Sec-
retary shall support a program of cost-shared field demonstra-
tion programs, to be pursued, simultaneously and independ-
ently, in collaboration with industry partners, for the dem-
onstration of advanced technologies and techniques of siting 
and exploratory drilling for undiscovered resources in a variety 
of geologic settings. The program shall include incentives to 
encourage the use of advanced technologies and techniques. 
42 USC 17192. 
42 USC 17191. 
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121 STAT. 1680 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOP-
MENT. 
(a) SUBSURFACE COMPONENTS AND SYSTEMS.—The Secretary 
shall support a program of research, development, demonstration, 
and commercial application of components and systems capable 
of withstanding extreme geothermal environments and necessary 
to cost-effectively develop, produce, and monitor geothermal res-
ervoirs and produce geothermal energy. These components and 
systems shall include advanced casing systems (expandable tubular 
casing, low-clearance casing designs, and others), high-temperature 
cements, high-temperature submersible pumps, and high-tempera-
ture packers, as well as technologies for under-reaming, multilateral 
completions, high-temperature and high-pressure logging, logging 
while drilling, deep fracture stimulation, and reservoir system 
diagnostics. 
(b) RESERVOIR PERFORMANCE MODELING.—The Secretary shall 
support a program of research, development, demonstration, and 
commercial application of models of geothermal reservoir perform-
ance, with an emphasis on accurately 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 geo-
thermal systems production environments. 
(c) ENVIRONMENTAL IMPACTS.—The Secretary shall— 
(1) support a program of research, development, demonstra-
tion, and commercial application of technologies and practices 
designed to mitigate or preclude potential adverse environ-
mental impacts of geothermal energy development, production 
or use, and seek to ensure that geothermal energy development 
is consistent with the highest practicable standards of environ-
mental stewardship; 
(2) in conjunction with the Assistant Administrator for 
Research and Development at the Environmental Protection 
Agency, support a research program 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 geothermal energy with the potential 
emission reductions of greenhouse gases gained by geothermal 
energy development, production, and use. 
SEC. 
615. 
ENHANCED 
GEOTHERMAL 
SYSTEMS 
RESEARCH 
AND 
DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall support a program of 
research, development, demonstration, and commercial application 
for enhanced geothermal systems, including the programs described 
in subsection (b). 
(b) PROGRAMS.— 
(1) ENHANCED GEOTHERMAL SYSTEMS TECHNOLOGIES.—The 
Secretary shall support a program of research, development, 
demonstration, and commercial application of the technologies 
and knowledge necessary for enhanced geothermal systems to 
advance to a state of commercial readiness, including advances 
in— 
42 USC 17194. 
42 USC 17193. 
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121 STAT. 1681 
PUBLIC LAW 110–140—DEC. 19, 2007 
(A) reservoir stimulation; 
(B) reservoir characterization, monitoring, and mod-
eling; 
(C) stress mapping; 
(D) tracer development; 
(E) three-dimensional tomography; and 
(F) 
understanding 
seismic 
effects 
of 
reservoir 
engineering and stimulation. 
(2) ENHANCED GEOTHERMAL SYSTEMS RESERVOIR STIMULA-
TION.— 
(A) PROGRAM.—In collaboration with industry partners, 
the Secretary shall support a program of research, develop-
ment, and demonstration of enhanced geothermal systems 
reservoir stimulation technologies and techniques. A min-
imum of 4 sites shall be selected in locations that show 
particular promise for enhanced geothermal systems 
development. Each site shall— 
(i) represent a different class of subsurface geologic 
environments; and 
(ii) take advantage of an existing site where sub-
surface characterization has been conducted or existing 
drill holes can be utilized, if possible. 
(B) CONSIDERATION
OF
EXISTING
SITE.—The Desert 
Peak, Nevada, site, where a Department of Energy and 
industry cooperative enhanced geothermal systems project 
is already underway, 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 
PRODUCTION 
OF 
GEOPRESSURED GAS RESOURCES. 
(a) IN GENERAL.—The Secretary shall establish a program of 
research, development, demonstration, and commercial application 
to support development of geothermal energy production from oil 
and gas fields and production and recovery of energy, including 
electricity, from geopressured resources. In addition, the Secretary 
shall conduct such supporting activities including research, resource 
characterization, and technology development as necessary. 
(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 pro-
gram shall include grants for a total of not less than three dem-
onstration projects of the use of geothermal techniques such as 
advanced organic rankine cycle systems at marginal, unproductive, 
and productive 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 tempera-
tures 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 techniques among 
competing alternatives; 
Grants. 
42 USC 17195. 
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121 STAT. 1682 
PUBLIC LAW 110–140—DEC. 19, 2007 
(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 
(8) satisfy other criteria that the Secretary determines 
are necessary to carry out the program and collect necessary 
data and information. 
The Secretary shall give preference to assessments that address 
multiple elements contained in paragraphs (1) through (8). 
(c) GRANT AWARDS.—Each grant award for demonstration of 
geothermal technology such as advanced organic rankine cycle sys-
tems 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 support; 
(6) operation for a minimum of 1 year and monitoring 
for the duration of the demonstration; and 
(7) validation of technical and economic assumptions and 
documentation of lessons learned. 
(d) GEOPRESSURED GAS RESOURCE RECOVERY
AND PRODUC-
TION.—(1) The Secretary shall implement a program to support 
the research, development, demonstration, and commercial applica-
tion 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 Sec-
retary shall award grants, which may be cost-shared, to support 
the detailed development and completion of engineering, architec-
tural 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 recovery 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 Secretary 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. 
(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 PROGRAMS.—Pro-
grams under this subtitle shall incorporate the following elements: 
(1) The Secretary shall coordinate with, and where appro-
priate may provide funds in furtherance of the purposes of 
42 USC 17196. 
Deadline. 
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121 STAT. 1683 
PUBLIC LAW 110–140—DEC. 19, 2007 
this subtitle to, other Department of Energy research and 
development 
programs 
focused 
on 
drilling, 
subsurface 
characterization, and other related technologies. 
(2) In evaluating proposals, the Secretary shall give priority 
to proposals that demonstrate clear evidence of employing a 
systems approach. 
(3) The Secretary shall coordinate and consult with the 
appropriate Federal land management agencies in selecting 
proposals for funding under this subtitle. 
(4) Nothing in this subtitle shall be construed to alter 
or affect any law relating to the management or protection 
of Federal lands. 
SEC. 618. CENTER FOR GEOTHERMAL TECHNOLOGY TRANSFER. 
(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 geo-
thermal 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 geothermal systems and related 
technology. 
(c) SELECTION CRITERIA.—In awarding the grant under sub-
section (a) the Secretary shall select an institution of higher edu-
cation (or consortium thereof) best suited to provide national leader-
ship on geothermal related issues and perform the duties enumer-
ated under subsection (b). 
(d) DURATION OF GRANT.—A grant made under subsection (a)— 
(1) shall be for an initial period of 5 years; and 
(2) may be renewed for additional 5-year periods on the 
basis of— 
(A) satisfactory performance in meeting the duties out-
lined in subsection (b); and 
(B) any other requirements specified by the Secretary. 
SEC. 619. GEOPOWERING AMERICA. 
The Secretary shall expand the Department of Energy’s 
GeoPowering the West program to extend its geothermal technology 
transfer activities throughout the entire United States. The program 
shall be renamed ‘‘GeoPowering America’’. The program shall con-
tinue to be based in the Department of Energy office in Golden, 
Colorado. 
SEC. 620. EDUCATIONAL PILOT PROGRAM. 
The Secretary shall seek to award grant funding, on a competi-
tive 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 
42 USC 17199. 
42 USC 17198. 
Grants. 
42 USC 17197. 
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121 STAT. 1684 
PUBLIC LAW 110–140—DEC. 19, 2007 
by the facility shall be available to students and the general public. 
The total funding award shall not exceed $2,000,000. 
SEC. 621. REPORTS. 
(a) REPORTS ON ADVANCED USES OF GEOTHERMAL ENERGY.— 
Not later than 3 years and 5 years after the date of enactment 
of this Act, the Secretary shall report to the Committee on Science 
and Technology of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate on advanced con-
cepts and technologies to maximize the geothermal resource poten-
tial of the United States. The reports shall include— 
(1) the use of carbon dioxide as an alternative geofluid 
with potential carbon sequestration benefits; 
(2) mineral recovery from geofluids; 
(3) use of geothermal energy to produce hydrogen; 
(4) use of geothermal energy to produce biofuels; 
(5) use of geothermal heat for oil recovery from oil shales 
and tar sands; and 
(6) other advanced geothermal technologies, including 
advanced drilling technologies and advanced power conversion 
technologies. 
(b) PROGRESS REPORTS.—(1) Not later than 36 months after 
the date of enactment of this Act, the Secretary shall submit to 
the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Energy and Natural Resources 
of the Senate an interim report describing the progress made under 
this subtitle. At the end of 60 months, the Secretary shall submit 
to Congress a report on the results of projects undertaken under 
this subtitle and other such information the Secretary considers 
appropriate. 
(2) As necessary, the Secretary shall report to the Congress 
on any legal, regulatory, or other barriers encountered that hinder 
economic development of these resources, and provide recommenda-
tions on legislative or other actions needed to address such impedi-
ments. 
SEC. 622. APPLICABILITY OF OTHER LAWS. 
Nothing in this subtitle shall be construed as waiving, modi-
fying, or superseding the applicability of any requirement 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 environ-
mental impacts and measures to address such impacts. 
SEC. 623. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary 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 the Intermountain West Geo-
thermal Consortium $5,000,000 for each of the fiscal years 2008 
through 2012. 
SEC. 624. INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT. 
(a) IN GENERAL.—The Secretary of Energy, in coordination 
with other appropriate Federal and multilateral agencies (including 
42 USC 17203. 
42 USC 17202. 
42 USC 17201. 
42 USC 17200. 
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121 STAT. 1685 
PUBLIC LAW 110–140—DEC. 19, 2007 
the United States Agency for International Development) shall sup-
port international collaborative efforts to promote the research, 
development, and deployment of geothermal technologies used to 
develop hydrothermal and enhanced geothermal system resources, 
including as partners (as appropriate) the African Rift Geothermal 
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 Development 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 conducted in, or intended to 
benefit, less developed countries. 
(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 PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ 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— 
(1) to conduct a feasibility study, including a study of 
exploration, geochemical testing, geomagnetic surveys, geologic 
information gathering, baseline environmental studies, well 
drilling, resource characterization, permitting, and economic 
analysis; 
(2) for design and engineering costs, relating to the project; 
and 
(3) to demonstrate and promote commercial application 
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. 
42 USC 17204. 
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121 STAT. 1686 
PUBLIC LAW 110–140—DEC. 19, 2007 
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’’. 
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, estuaries, 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, diversionary 
structure, or impoundment for electric power purposes. 
SEC. 
633. 
MARINE 
AND 
HYDROKINETIC 
RENEWABLE 
ENERGY 
RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of the Interior and the Secretary of Commerce, acting through 
the Under Secretary of Commerce for Oceans and Atmosphere, 
shall establish a program of research, development, demonstration, 
and commercial application to expand marine and hydrokinetic 
renewable energy production, including programs to— 
(1) study and compare existing marine and hydrokinetic 
renewable energy technologies; 
(2) research, develop, and demonstrate marine and 
hydrokinetic renewable energy systems and technologies; 
(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 modeling for 
optimization of marine energy conversion devices and arrays; 
(7) increase the reliability and survivability of marine and 
hydrokinetic renewable energy technologies, including develop-
ment 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 environmental impacts, including potential 
impacts on fisheries and other marine resources, of marine 
and hydrokinetic renewable energy technologies, measures to 
prevent adverse impacts, and technologies and other means 
available for monitoring and determining environmental 
impacts; 
(9) identify, in conjunction with the Secretary of the Depart-
ment in which the United States Coast Guard is operating, 
acting through the Commandant of the United States Coast 
Guard, the potential navigational impacts of marine and 
42 USC 17212. 
42 USC 17211. 
42 USC 17001 
note. 
Marine and 
Hydrokinetic 
Renewable 
Energy Research 
and Development 
Act. 
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121 STAT. 1687 
PUBLIC LAW 110–140—DEC. 19, 2007 
hydrokinetic renewable energy technologies and measures to 
prevent adverse 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, demonstration, and 
technology transfer for advanced systems engineering and 
system integration methods to identify critical interfaces; 
(13) identifying opportunities for cross fertilization and 
development of economies of scale between other renewable 
sources and marine and hydrokinetic renewable energy sources; 
and 
(14) providing public information and opportunity for public 
comment concerning all technologies. 
(b) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary, in conjunction with the Secretary 
of Commerce, acting through the Undersecretary of Commerce for 
Oceans and Atmosphere, and the Secretary of the Interior, shall 
provide to the Congress a report that addresses— 
(1) the potential environmental impacts, including impacts 
to fisheries and marine resources, of marine and hydrokinetic 
renewable energy technologies; 
(2) options to prevent adverse environmental impacts; 
(3) the potential role of monitoring and adaptive manage-
ment in identifying and addressing any adverse environmental 
impacts; and 
(4) the necessary components of such an adaptive manage-
ment program. 
SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, 
DEVELOPMENT, AND DEMONSTRATION 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, Develop-
ment, and Demonstration Centers. In selecting locations for Cen-
ters, the Secretary shall consider sites that meet one of the following 
criteria: 
(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 environmental and 
policy-related issues associated with harnessing of energy in 
the marine environment. 
(3) Has access to and utilizes the marine resources 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 Com-
merce, acting through the Under Secretary of Commerce for Oceans 
and Atmosphere, on the criteria related to ocean waves, tides, 
and currents including those for advancing wave forecasting tech-
nologies, ocean temperature differences, and studying the compat-
ibility of marine renewable energy technologies and systems with 
the environment, fisheries, and other marine resources. 
Grants. 
42 USC 17213. 
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121 STAT. 1688 
PUBLIC LAW 110–140—DEC. 19, 2007 
(b) PURPOSES.—The Centers shall advance research, develop-
ment, demonstration, and commercial application of marine renew-
able energy, and shall serve as an information clearinghouse for 
the marine renewable energy industry, 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 description 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, modi-
fying, or superseding the applicability of any requirement under 
any environmental or other Federal or State law. 
SEC. 636. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary 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)). 
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 Stor-
age Advisory Council established under subsection (e). 
(2) COMPRESSED AIR ENERGY STORAGE.—The term ‘‘com-
pressed 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 ‘‘electric drive 
vehicle’’ means— 
(A) a vehicle that uses an electric motor for all or 
part of the motive power of the vehicle, including battery 
electric, hybrid electric, plug-in hybrid electric, fuel cell, 
and plug-in fuel cell vehicles 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. 
(4) ISLANDING.—The term ‘‘islanding’’ means a distributed 
generator or energy storage device continuing to power a loca-
tion 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 rota-
tional kinetic energy. 
42 USC 17231. 
United States 
Energy Storage 
Competitiveness 
Act of 2007. 
42 USC 17215. 
42 USC 17214. 
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121 STAT. 1689 
PUBLIC LAW 110–140—DEC. 19, 2007 
(6) MICROGRID.—The term ‘‘microgrid’’ means an integrated 
energy system consisting of interconnected loads and distrib-
uted energy resources (including 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-healing grid’’ 
means a grid that is capable of automatically anticipating and 
responding to power system disturbances (including the isola-
tion 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 electric generating 
capacity in excess of the quantity needed to meet peak electric 
demand. 
(9) ULTRACAPACITOR.—The term ‘‘ultracapacitor’’ means an 
energy storage device that has a power density comparable 
to a conventional capacitor but is capable of exceeding the 
energy density of a conventional capacitor by several orders 
of magnitude. 
(c) PROGRAM.—The Secretary shall carry out a research, 
development, and demonstration program to support the ability 
of the United States to remain globally competitive in energy stor-
age systems for electric drive vehicles, stationary applications, and 
electricity transmission and distribution. 
(d) COORDINATION.—In carrying out the activities of this sec-
tion, the Secretary shall coordinate relevant efforts with appropriate 
Federal agencies, including the Department 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. 
(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 select a Chair-
person 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 enact-
ment 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 applied 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— 
Deadlines. 
Deadline. 
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121 STAT. 1690 
PUBLIC LAW 110–140—DEC. 19, 2007 
(A) assess, every 2 years, the performance of the 
Department in meeting the goals of the plans developed 
under paragraph (4); and 
(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 conduct a basic 
research program on energy storage systems to support electric 
drive vehicles, stationary applications, and electricity trans-
mission and distribution, including— 
(A) materials design; 
(B) materials synthesis and characterization; 
(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 activities of the 
nanoscience centers of the Department to help the energy stor-
age research centers of the Department maintain a globally 
competitive posture in energy storage systems for electric drive 
vehicles, stationary applications, and electricity transmission 
and distribution. 
(3) FUNDING.—For activities carried out under this sub-
section, in addition to funding activities at National Labora-
tories, the Secretary shall award funds to, and coordinate activi-
ties with, a range of stakeholders including the public, private, 
and academic sectors. 
(g) APPLIED RESEARCH PROGRAM.— 
(1) IN GENERAL.—The Secretary shall conduct an applied 
research program on energy storage systems to support electric 
drive vehicles, stationary applications, and electricity trans-
mission and distribution technologies, including— 
(A) ultracapacitors; 
(B) flywheels; 
(C) batteries and battery systems (including flow bat-
teries); 
(D) compressed air energy systems; 
(E) power conditioning electronics; 
(F) manufacturing technologies for energy storage sys-
tems; 
(G) thermal management systems; and 
(H) hydrogen as an energy storage medium. 
(2) FUNDING.—For activities carried out under this sub-
section, in addition to funding activities at National Labora-
tories, the Secretary shall provide funds to, and coordinate 
activities with, a range of stakeholders, including the public, 
private, and academic 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 
Deadline. 
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121 STAT. 1691 
PUBLIC LAW 110–140—DEC. 19, 2007 
electric drive vehicles, stationary applications, and electricity 
transmission and distribution. 
(2) PROGRAM MANAGEMENT.—The centers shall be managed 
by the Under Secretary for Science of the Department. 
(3) PARTICIPATION AGREEMENTS.—As a condition of partici-
pating in a center, a participant shall enter into a participation 
agreement with the center that requires that activities con-
ducted by the participant for the center promote the goal of 
enabling the United States to compete successfully in global 
energy storage markets. 
(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 laboratory (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 develop-
ment 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 advancement 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, nonexclusive licenses, and 
royalties on terms that are reasonable, as determined by 
the Secretary; 
(B) if 1 or more industry participants are active in 
a center, during a 2-year period beginning 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 participant under this subsection; and 
(C) the new invention be developed under such other 
terms as the Secretary determines to be necessary to pro-
mote the accelerated commercialization of inventions made 
under this subsection to advance the capability of the 
United States to successfully compete in global energy stor-
age markets. 
(i) ENERGY STORAGE SYSTEMS DEMONSTRATIONS.— 
(1) IN GENERAL.—The Secretary shall carry out a program 
of new demonstrations of advanced energy storage systems. 
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121 STAT. 1692 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) SCOPE.—The demonstrations shall— 
(A) be regionally diversified; and 
(B) expand on the existing technology demonstration 
program of the Department. 
(3) STAKEHOLDERS.—In carrying out the demonstrations, 
the Secretary shall, to the maximum extent 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 industry; 
(G) State or local energy offices; 
(H) the fuel cell industry; and 
(I) institutions of higher education. 
(4) OBJECTIVES.—Each of the demonstrations shall include 
1 or more of the following: 
(A) Energy storage to improve the feasibility of 
microgrids or islanding, or transmission and distribution 
capability, to improve reliability in rural areas. 
(B) Integration of an energy storage system with a 
self-healing grid. 
(C) Use of energy storage to improve security to emer-
gency 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 ancillary services, 
such as spinning reserve services, for grid management. 
(F) Advancement of power conversion systems 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 transmission 
and distribution operation and power quality, which could 
address overloaded lines and maintenance of transformers 
and substations. 
(H) Use of advanced energy storage for peak load 
management of homes, businesses, and the grid. 
(I) Use of energy storage devices to store energy 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 demonstra-
tions. 
(2) CONSORTIA.—The technology demonstrations shall be 
conducted through consortia, which may include— 
(A) energy storage systems manufacturers and sup-
pliers 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. 
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121 STAT. 1693 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) OBJECTIVES.—The program shall demonstrate 1 or more 
of the following: 
(A) Novel, high capacity, high efficiency energy storage, 
charging, and control systems, along with the collection 
of data on performance characteristics, such as battery 
life, energy storage capacity, and power delivery capacity. 
(B) Advanced onboard energy management systems 
and highly efficient battery cooling systems. 
(C) Integration of those systems on a prototype vehic-
ular platform, including with drivetrain systems for pas-
senger, commercial, and nonroad electric drive vehicles. 
(D) New technologies and processes that reduce manu-
facturing costs. 
(E) Integration of advanced vehicle technologies with 
electricity distribution system and smart metering tech-
nology. 
(F) Control systems that minimize emissions profiles 
in cases in which clean diesel engines are part of a plug- 
in hybrid drive system. 
(k) SECONDARY APPLICATIONS AND DISPOSAL OF ELECTRIC DRIVE 
VEHICLE BATTERIES.—The Secretary shall carry out a program of 
research, development, and demonstration of— 
(1) secondary applications of energy storage devices fol-
lowing service in electric drive vehicles; and 
(2) technologies and processes for final recycling and dis-
posal 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 Energy 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 laboratories of the Department 
and other Federal research programs. 
(o) REVIEW BY NATIONAL ACADEMY OF SCIENCES.—On the busi-
ness day that is 5 years after the date of enactment of this Act, 
the Secretary shall offer to enter into an arrangement with the 
National Academy of Sciences to assess the performance of the 
Department in carrying out this section. 
(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 subsection (g) 
$80,000,000 for each of fiscal years 2009 through 2018; and; 
(3) the energy storage research center program under sub-
section (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 program 
under subsection (j) $30,000,000 for each of fiscal years 2009 
through 2018; and 
Deadline. 
Contracts. 
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121 STAT. 1694 
PUBLIC LAW 110–140—DEC. 19, 2007 
(6) the secondary applications and disposal of electric drive 
vehicle batteries program under subsection (k) $5,000,000 for 
each of fiscal years 2009 through 2018. 
Subtitle E—Miscellaneous Provisions 
SEC. 651. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—As soon as practicable after the date of enact-
ment 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 pas-
senger safety by conducting research, development, and demonstra-
tion 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 properties 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 prop-
erties required for construction of lighter-weight vehicles; 
and 
(B) materials processing, automated manufacturing, 
joining, and recycling lightweight materials for high-volume 
applications. 
(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 ‘‘advanced insula-
tion’’ 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 refrigerator- 
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 Congress a report that 
includes an evaluation of— 
(1) the state of technological advancement of advanced 
insulation; and 
(2) the projected amount of cost savings that would be 
generated by implementing advanced insulation into covered 
refrigeration units. 
(c) DEMONSTRATION PROGRAM.— 
(1) ESTABLISHMENT.—If the Secretary determines in the 
report described in subsection (b) that the implementation of 
advanced insulation into covered refrigeration units would gen-
erate an economically justifiable amount of cost savings, the 
42 USC 17242. 
42 USC 17241. 
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121 STAT. 1695 
PUBLIC LAW 110–140—DEC. 19, 2007 
Secretary, in cooperation with manufacturers of covered refrig-
eration units, shall establish a demonstration program under 
which the Secretary shall demonstrate the cost-effectiveness 
of advanced insulation. 
(2) DISCLOSURE.—The Secretary may, for a period of up 
to 5 years after an award is granted under the demonstration 
program, exempt from mandatory disclosure under section 552 
of title 5, United States Code (popularly known as the Freedom 
of Information Act) information that the Secretary determines 
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. 
(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 percent 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 following 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 competi-
tively award cash prizes in conformity with this subsection 
to advance the research, development, demonstration, and 
commercial application of hydrogen energy technologies. 
‘‘(B) ADVERTISING AND SOLICITATION OF COMPETITORS.— 
‘‘(i) ADVERTISING.—The Secretary shall widely 
advertise prize competitions under this subsection to 
encourage broad participation, including by individ-
uals, universities (including historically Black colleges 
and universities and other minority serving institu-
tions), and large and small businesses (including 
businesses owned or controlled by socially and economi-
cally disadvantaged persons). 
‘‘(ii) ANNOUNCEMENT THROUGH FEDERAL REGISTER 
NOTICE.—The Secretary shall announce each prize com-
petition under this subsection by publishing a notice 
in the Federal Register. This notice shall include essen-
tial elements of the competition such as the subject 
of the competition, the duration of the competition, 
the eligibility requirements for participation in the 
competition, the process for participants to register 
for the competition, the amount of the prize, and the 
criteria for awarding the prize. 
Applicability. 
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121 STAT. 1696 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(C) ADMINISTERING
THE
COMPETITIONS.—The Sec-
retary shall enter into an agreement with a private, non-
profit entity to administer the prize competitions under 
this subsection, subject to the provisions of this subsection 
(in this subsection referred to as the ‘administering entity’). 
The duties of the administering entity under the agreement 
shall include— 
‘‘(i) advertising prize competitions under this sub-
section and their results; 
‘‘(ii) raising funds from private entities and individ-
uals to pay for administrative 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 Secretary, the criteria 
for selecting winners in prize competitions under this 
subsection, based on goals provided by the Secretary; 
‘‘(iv) determining, in consultation with the Sec-
retary, the appropriate amount and funding sources 
for each prize to be awarded under this subsection, 
subject to the final approval of the Secretary with 
respect to Federal funding; 
‘‘(v) providing advice and consultation to the Sec-
retary on the selection of judges in accordance with 
paragraph (2)(D), using criteria developed in consulta-
tion with and subject to the final approval of the Sec-
retary; and 
‘‘(vi) protecting against the administering entity’s 
unauthorized use or disclosure of a registered partici-
pant’s trade secrets and confidential business informa-
tion. Any information properly identified as trade 
secrets or confidential business information that is sub-
mitted by a participant as part of a competitive pro-
gram under this subsection may be withheld from 
public disclosure. 
‘‘(D) FUNDING SOURCES.—Prizes under this subsection 
shall consist of Federal appropriated funds and any funds 
provided by the administering entity (including funds 
raised pursuant to subparagraph (C)(ii)) for such cash prize 
programs. The Secretary may accept funds from other Fed-
eral 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 sub-
section. Other than publication of the names of prize spon-
sors, the Secretary may not give any special consideration 
to any private sector entity or individual in return for 
a donation to the Secretary or administering 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 
Contracts. 
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121 STAT. 1697 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) the funds needed to pay out the announced 
amount of the increase have been appropriated or com-
mitted in writing by the administering entity. 
‘‘(F) SUNSET.—The authority to announce prize com-
petitions under this subsection shall terminate on Sep-
tember 30, 2018. 
‘‘(2) PRIZE CATEGORIES.— 
‘‘(A) CATEGORIES.—The Secretary shall establish 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 performance criteria, such as completion of 
a race over a certain distance or terrain or generation 
of energy at certain levels of efficiency; and 
‘‘(iii) transformational changes in technologies for 
the distribution or production of hydrogen that meet 
or exceed far-reaching objective criteria, which shall 
include minimal carbon emissions and which may 
include cost criteria designed to facilitate the eventual 
market success of a winning 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 subclauses (I) through (IV) 
of subparagraph (A)(i) since the submission deadline 
of the previous prize competition in the same category 
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 competition under 
subparagraph (A)(i), the Secretary may omit one or 
more subcategories, reduce the amount of the prizes, 
or not hold a prize competition. 
‘‘(ii) PROTOTYPES.—To the extent permitted under 
paragraph (1)(E), prizes authorized under subpara-
graph (A)(ii) shall be awarded biennially in alternate 
years from the prizes authorized under subparagraph 
(A)(i). The Secretary is authorized to award up to one 
prize in this category in each 2-year period. No such 
prize may exceed $4,000,000. If no registered partici-
pants meet the objective performance criteria estab-
lished pursuant to subparagraph (C) for a competition 
under this clause, the Secretary shall not award a 
prize. 
‘‘(iii) TRANSFORMATIONAL TECHNOLOGIES.—To the 
extent permitted under paragraph (1)(E), the Secretary 
shall announce one prize competition authorized under 
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121 STAT. 1698 
PUBLIC LAW 110–140—DEC. 19, 2007 
subparagraph (A)(iii) as soon after the date of enact-
ment 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 match for each dollar 
of private funding raised by the winner for the 
hydrogen technology 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, which-
ever 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 notice 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 para-
graph (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 toward the matching award under this 
clause. 
‘‘(C) CRITERIA.—In establishing the criteria required 
by this subsection, the Secretary— 
‘‘(i) shall consult with the Department’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 pri-
vate 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 consultation with the admin-
istering 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 outside the 
Department, including from the private sector. A judge, 
spouse, minor children, and members of the judge’s house-
hold may not— 
‘‘(i) have personal or financial interests in, or be 
an employee, officer, director, or agent of, any entity 
that is a registered participant in the prize competition 
for which he or she will serve as a judge; or 
‘‘(ii) have a familial or financial relationship with 
an individual who is a registered 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 requirements 
in accordance with the Federal Register notice required 
under paragraph (1)(B)(ii); 
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121 STAT. 1699 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) in the case of a private entity, shall be incor-
porated 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 lawfully 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 employment, 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 awarding a prize under 
this subsection, be entitled to any intellectual property rights 
derived as a consequence of, or direct relation to, the participa-
tion by a registered 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 com-
petition 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 reg-
istered 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 
require a registered participant to waive claims against 
the administering entity arising out of the unauthorized 
use or disclosure by the administering entity of the reg-
istered participant’s trade secrets or confidential business 
information. 
‘‘(B) LIABILITY INSURANCE.— 
‘‘(i) REQUIREMENTS.—Registered participants in a 
prize competition under this subsection shall be 
required to obtain liability insurance or demonstrate 
financial responsibility, in amounts determined by the 
Secretary, for claims by— 
‘‘(I) a third party for death, bodily 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 INSURED.—The Federal 
Government shall be named as an additional insured 
under a registered participant’s insurance policy 
required 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. 
‘‘(6) REPORT TO CONGRESS.—Not later than 60 days after 
the awarding of the first prize under this subsection, and 
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121 STAT. 1700 
PUBLIC LAW 110–140—DEC. 19, 2007 
annually thereafter, the Secretary shall transmit to the Con-
gress 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 appro-
priated to the Secretary for the period encompassing 
fiscal years 2008 through 2017 for carrying out this 
subsection— 
‘‘(I) $20,000,000 for awards described in para-
graph (2)(A)(i); 
‘‘(II) $20,000,000 for awards described in para-
graph (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), 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 appropriated for 
prize awards under this subsection shall remain available 
until expended, and may be transferred, reprogrammed, 
or expended for other purposes only after the expiration 
of 10 fiscal years after the fiscal year for which the funds 
were originally appropriated. No provision in this sub-
section permits obligation 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 substitute for Federal 
research and development programs.’’. 
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 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 Incandescent 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, degrees Kelvin; 
Deadline. 
42 USC 17243. 
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121 STAT. 1701 
PUBLIC LAW 110–140—DEC. 19, 2007 
(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; 
(H) having a size and shape that fits within the max-
imum dimensions of an A19 bulb in accordance with Amer-
ican 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 commercially 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 Aluminized 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 simulta-
neously 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; 
(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 within the max-
imum dimensions of a PAR 38 halogen lamp in accordance 
with American National Standards Institute standard C78– 
21–2003, figure C78.21–238; 
(I) using a single contact medium screw socket; and 
(J) mass production for a competitive sales commercial 
market satisfied by producing commercially 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 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.— 
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121 STAT. 1702 
PUBLIC LAW 110–140—DEC. 19, 2007 
(1) IN GENERAL.—Subject to paragraph (2), and notwith-
standing section 3302 of title 31, United States Code, the Sec-
retary may accept, retain, and use funds contributed by any 
person, government entity, or organization for purposes of car-
rying 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. 
(d) TECHNICAL REVIEW.—The Secretary shall establish a tech-
nical 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 competi-
tively 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 participating as 
a single individual or in a group), the individual shall be 
a citizen or lawful permanent resident 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 
(3) the Twenty-First Century Lamp Prize described in sub-
section (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 Replacement Lamp Prize under 
subsection (b)(1), the Secretary (in consultation with the 
Administrator of General Services) shall develop government-
wide Federal purchase guidelines with a goal of replacing the 
use of 60-watt incandescent lamps in Federal Government 
buildings with a solid-state-light package described in sub-
section (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 REPLACEMENT.— 
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 consulta-
tion 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 Govern-
ment buildings with a solid-state-light package described in 
subsection (b)(2) by not later than the date that is 5 years 
after the date the award is made. 
(3) WAIVERS.— 
(A) IN GENERAL.—The Secretary or the Administrator 
of General Services may waive the application of paragraph 
(1) or (2) if the Secretary or Administrator determines 
Deadline. 
Establishment. 
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121 STAT. 1703 
PUBLIC LAW 110–140—DEC. 19, 2007 
that the return on investment from the purchase of a 
solid-state-light package described in paragraph (1) or (2) 
of subsection (b), respectively, is cost prohibitive. 
(B) REPORT OF WAIVER.—If the Secretary or Adminis-
trator waives the application of paragraph (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 Administrator of General 
Services shall submit to the Energy Information Agency a report 
describing the quantity, type, and cost of each lighting product 
purchased by the Federal Government. 
(j) BRIGHT TOMORROW LIGHTING AWARD FUND.— 
(1) ESTABLISHMENT.—There is established in the United 
States Treasury a Bright Tomorrow Lighting permanent fund 
without fiscal year limitation 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 MANUFACTURING PART-
NERSHIP. 
(a) ESTABLISHMENT.—The Secretary shall carry out a program, 
to be known as the Renewable Energy Innovation Manufacturing 
Partnership Program (referred to in this section as the ‘‘Program’’), 
to make assistance awards to eligible entities for use in carrying 
out research, development, and demonstration relating to the manu-
facturing of renewable energy technologies. 
(b) SOLICITATION.—To carry out the Program, the Secretary 
shall annually conduct a competitive solicitation for assistance 
awards for an eligible project described in subsection (e). 
(c) PROGRAM PURPOSES.—The purposes of the Program are— 
(1) to develop, or aid in the development of, advanced 
manufacturing processes, materials, and infrastructure; 
(2) to increase the domestic production of renewable energy 
technology and components; and 
(3) to better coordinate Federal, State, and private 
resources to meet regional and national renewable 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 entity is composed of— 
(1) 1 or more public or private nonprofit institutions or 
national laboratories engaged in research, development, dem-
onstration, 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 energy, biomass, geothermal 
energy, energy storage, or fuel cells). 
42 USC 17244. 
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121 STAT. 1704 
PUBLIC LAW 110–140—DEC. 19, 2007 
(e) ELIGIBLE PROJECTS.—An eligible entity may use an assist-
ance 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 manufac-
turing processes, materials, and infrastructure for renewable 
energy systems; and 
(3) other similar ventures, as approved by the Secretary, 
that promote advanced manufacturing of renewable tech-
nologies. 
(f) CRITERIA AND GUIDELINES.—The Secretary shall establish 
criteria and guidelines for the submission, evaluation, 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 carried out under 
this section. 
(h) DISCLOSURE.—The Secretary may, for a period of up to 
5 years after an award is granted under this section, exempt from 
mandatory disclosure under section 552 of title 5, United States 
Code (popularly known as the Freedom of Information Act) informa-
tion that the Secretary determines would be a privileged or confiden-
tial trade secret or commercial or financial information under sub-
section (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 businesses engaged 
in renewable manufacturing be given priority consideration for the 
assistance awards provided under this section. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated out of funds already authorized to carry out 
this section $25,000,000 for each of fiscal years 2008 through 2013, 
to remain available until expended. 
TITLE VII—CARBON CAPTURE AND 
SEQUESTRATION 
Subtitle A—Carbon Capture and Seques-
tration 
Research, 
Development, 
and 
Demonstration 
SEC. 701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Department of Energy Carbon 
Capture and Sequestration Research, Development, and Demonstra-
tion Act of 2007’’. 
SEC. 702. CARBON CAPTURE AND SEQUESTRATION RESEARCH, 
DEVELOPMENT, AND DEMONSTRATION 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 ‘‘RESEARCH AND 
DEVELOPMENT’’ 
and 
inserting 
‘‘AND
SEQUESTRATION 
RESEARCH, DEVELOPMENT, AND DEMONSTRATION’’; 
Department of 
Energy Carbon 
Capture and 
Sequestration 
Research, 
Development, 
and 
Demonstration 
Act of 2007. 
42 USC 17001 
note. 
Applicability. 
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121 STAT. 1705 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) in subsection (a)— 
(A) by striking ‘‘research and development’’ and 
inserting ‘‘and sequestration research, development, and 
demonstration’’; and 
(B) by striking ‘‘capture technologies on combustion- 
based systems’’ and inserting ‘‘capture and sequestration 
technologies related to industrial 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 and feasibility of deploy-
ment of sequestration technologies.’’; 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 funda-
mental science and engineering research (including labora-
tory-scale experiments, numeric modeling, and simulations) 
to develop and document the performance of new 
approaches to capture and sequester, or use carbon dioxide 
to lead to an overall reduction of carbon dioxide emissions. 
‘‘(B) PROGRAM
INTEGRATION.—The Secretary shall 
ensure that fundamental research carried out under this 
paragraph is appropriately applied to energy technology 
development activities, the field testing of carbon seques-
tration, and carbon use activities, including— 
‘‘(i) development of new or advanced technologies 
for the capture and sequestration of carbon dioxide; 
‘‘(ii) development of new or advanced technologies 
that reduce the cost and increase the efficacy of 
advanced compression of carbon dioxide required for 
the sequestration of carbon dioxide; 
‘‘(iii) modeling and simulation of geologic seques-
tration field demonstrations; 
‘‘(iv) quantitative assessment of risks relating to 
specific field sites for testing of sequestration tech-
nologies; 
‘‘(v) research and development of new and 
advanced technologies for carbon use, including 
recycling and reuse of carbon dioxide; and 
‘‘(vi) research and development of new and 
advanced technologies for the separation of oxygen 
from air. 
‘‘(2) FIELD VALIDATION TESTING ACTIVITIES.— 
‘‘(A) IN GENERAL.—The Secretary shall promote, to the 
maximum extent practicable, regional carbon sequestration 
partnerships to conduct geologic sequestration tests 
involving carbon dioxide injection and monitoring, mitiga-
tion, and verification operations in a variety of candidate 
geologic settings, including— 
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121 STAT. 1706 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(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 economical 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 geophysical tools, anal-
ysis, 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; 
‘‘(iv) to determine the fate of carbon dioxide concur-
rent with and following injection into geologic forma-
tions; 
‘‘(v) to develop and implement best practices for 
operations relating to, and monitoring of, carbon 
dioxide injection and sequestration in geologic forma-
tions; 
‘‘(vi) to assess and ensure the safety of operations 
related to geologic sequestration of carbon dioxide; 
‘‘(vii) to allow the Secretary to promulgate policies, 
procedures, requirements, and guidance to ensure that 
the objectives of this subparagraph are met in large- 
scale testing and deployment activities for carbon cap-
ture and sequestration that are funded by the Depart-
ment of Energy; and 
‘‘(viii) to provide information to States, the 
Environmental Protection Agency, and other appro-
priate entities to support development of a regulatory 
framework for commercial-scale sequestration oper-
ations that ensure the protection of human health and 
the environment. 
‘‘(3) 
LARGE-SCALE
CARBON
DIOXIDE
SEQUESTRATION 
TESTING.— 
‘‘(A) IN GENERAL.—The Secretary shall conduct not less 
than 7 initial large-scale sequestration tests, not including 
the FutureGen project, for geologic containment of carbon 
dioxide 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, Development, and 
Demonstration Act of 2007. 
‘‘(B) DIVERSITY
OF
FORMATIONS
TO
BE
STUDIED.—In 
selecting formations for study under this paragraph, the 
Secretary shall consider a variety of geologic formations 
across the United States, and require characterization and 
modeling of candidate formations, as determined by the 
Secretary. 
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121 STAT. 1707 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(C) SOURCE
OF
CARBON
DIOXIDE
FOR
LARGE-SCALE 
SEQUESTRATION TESTS.—In the process of any acquisition 
of carbon dioxide for sequestration tests under subpara-
graph (A), the Secretary shall give preference to sources 
of carbon dioxide from industrial sources. To the extent 
feasible, the Secretary shall prefer tests that would facili-
tate the creation of an integrated system of capture, 
transportation and sequestration of carbon dioxide. The 
preference provided for under this subparagraph shall not 
delay the implementation of the large-scale sequestration 
tests under this paragraph. 
‘‘(D) DEFINITION.—For purposes of this paragraph, the 
term ‘large-scale’ means the injection of more than 
1,000,000 tons of carbon dioxide from industrial sources 
annually or a scale that demonstrates the ability to inject 
and sequester 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 sub-
section, subject to the requirements of section 989, the Secretary 
shall— 
‘‘(A) give preference to proposals from partnerships 
among industrial, academic, and government entities; and 
‘‘(B) require recipients to provide assurances that all 
laborers and mechanics employed by contractors and sub-
contractors in the construction, repair, or alteration of new 
or existing facilities performed in order to carry out a 
demonstration or commercial application activity author-
ized under this subsection shall be paid wages at rates 
not less than those prevailing on similar construction in 
the locality, as determined 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 subsection shall 
be considered research and development activities that are 
subject to the cost sharing requirements of section 988(b). 
‘‘(6) PROGRAM
REVIEW
AND
REPORT.—During fiscal year 
2011, the Secretary shall— 
‘‘(A) conduct a review of programmatic activities carried 
out under this subsection; and 
‘‘(B) make recommendations with respect to continu-
ation of the activities. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
‘‘(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.’’. 
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121 STAT. 1708 
PUBLIC LAW 110–140—DEC. 19, 2007 
(b) TABLE OF CONTENTS AMENDMENT.—The item relating 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 section shall 
be only for the portion of the project that— 
(A) carries out the large-scale capture (including purifi-
cation and compression) of carbon dioxide from industrial 
sources; 
(B) provides for the transportation and injection of 
carbon dioxide; and 
(C) incorporates a comprehensive measurement, moni-
toring, and validation program. 
(3) PREFERENCES FOR AWARD.—To ensure reduced carbon 
dioxide emissions, the Secretary shall take necessary actions 
to provide for the integration of the program under this para-
graph 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 implementation of these tests. 
The Secretary shall give priority consideration to projects with 
the following characteristics: 
(A) CAPACITY.—Projects that will capture a high 
percentage of the carbon dioxide in the treated stream 
and large volumes of carbon dioxide as determined by 
the Secretary. 
(B) SEQUESTRATION.—Projects that capture carbon 
dioxide from industrial sources that 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 dioxide stream 
shall be of a sufficient purity level to allow for safe transport 
and sequestration. 
(5) COST-SHARING.—The cost-sharing requirements of sec-
tion 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) 
for research and development projects shall apply to this sec-
tion. 
(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. 
Applicability. 
42 USC 17251. 
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121 STAT. 1709 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS. 
The Secretary shall enter into an arrangement with the 
National Academy of Sciences for an independent review and over-
sight, beginning in 2011, of the programs under 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, 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 oversight. 
SEC. 705. GEOLOGIC SEQUESTRATION TRAINING AND RESEARCH. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary shall enter into an arrange-
ment 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 cap-
ture 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 geologic sequestration science; 
(C) develops guidelines for proposals from colleges and 
universities with substantial capabilities in the required 
disciplines that seek to implement geologic sequestration 
science programs that advance the Nation’s capacity to 
address carbon management through geologic sequestration 
science; and 
(D) outlines a budget and recommendations for how 
much funding will be necessary to establish and carry 
out the grant program under subsection (b). 
(2) REPORT.—Not later than 1 year after the date of enact-
ment 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 author-
ized to be appropriated to the Secretary for carrying out this 
subsection $1,000,000 for fiscal year 2008. 
(b) GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall establish a 
competitive grant program through which colleges and univer-
sities may apply for and receive 4-year grants for— 
(A) salary and startup costs for newly designated fac-
ulty positions in an integrated geologic carbon sequestra-
tion science program; and 
(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 perform-
ance criteria, established by the National Academy of Sciences 
study conducted under subsection (a), that include the number 
of graduates of such programs. 
(3) INTERFACE WITH REGIONAL GEOLOGIC CARBON SEQUES-
TRATION PARTNERSHIPS.—To the greatest extent possible, geo-
logic carbon sequestration science programs supported under 
Contracts. 
42 USC 17253. 
Deadline. 
Reports. 
Contracts. 
42 USC 17252. 
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121 STAT. 1710 
PUBLIC LAW 110–140—DEC. 19, 2007 
this subsection shall interface with the research of the Regional 
Carbon Sequestration Partnerships operated by the Department 
to provide internships and practical training in carbon capture 
and geologic sequestration. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Secretary 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 dioxide 
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 the provisions of part C 
of such Act (42 U.S.C. 300h et seq.; relating to protection of under-
ground sources of drinking water). Nothing in this subtitle and 
the amendments made by this subtitle imposes or authorizes the 
promulgation 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 Environmental Protec-
tion Agency shall conduct a research program to address public 
health, safety, and environmental impacts that may be associated 
with capture, injection, and sequestration 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 DEVELOPMENT 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 sequestra-
tion using the various types of coal. 
(b) RURAL AND AGRICULTURAL INSTITUTIONS.—The Secretary 
shall give special consideration to rural or agricultural based 
institutions in areas that have regional sources of coal and that 
offer interdisciplinary programs in the area of environmental science 
to study carbon capture 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 ASSESSMENT. 
(a) DEFINITIONS.—In this section— 
(1) ASSESSMENT.—The term ‘‘assessment’’ means the 
national assessment of onshore capacity for carbon dioxide com-
pleted 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, 
42 USC 17271. 
42 USC 17256. 
42 USC 17255. 
42 USC 17254. 
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121 STAT. 1711 
PUBLIC LAW 110–140—DEC. 19, 2007 
geological, and economic requirements) established under the 
methodology developed under subsection (b). 
(3) ENGINEERED HAZARD.—The term ‘‘engineered hazard’’ 
includes the location and completion history of any well that 
could affect potential sequestration. 
(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 Director of the United States 
Geological Survey. 
(6) SEQUESTRATION FORMATION.—The term ‘‘sequestration 
formation’’ means a deep saline formation, unmineable coal 
seam, or oil or gas reservoir that is capable of accommodating 
a volume of industrial 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 subsection (f), taking into 
consideration— 
(1) the geographical extent of all potential sequestration 
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 recover-
able by injection and sequestration of industrial carbon dioxide 
in potential sequestration formations; 
(5) the risk associated with the potential sequestration 
formations; and 
(6) the work done to develop the Carbon Sequestration 
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 Administrator of the 
Environmental Protection Agency on issues of data sharing, 
format, development of the methodology, and content of 
the assessment required under this section to ensure the 
maximum usefulness and success of the assessment. 
(B) COOPERATION.—The Secretary of Energy and the 
Administrator shall cooperate with the Secretary to ensure, 
to the maximum extent practicable, the usefulness and 
success of the assessment. 
(2) STATE COORDINATION.—The Secretary shall consult with 
State geological surveys and other relevant entities to ensure, 
to the maximum extent practicable, the usefulness and success 
of the assessment. 
(d) EXTERNAL REVIEW
AND PUBLICATION.—On completion of 
the methodology under subsection (b), the Secretary 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 expertise in the 
matters described in paragraphs (1) through (5) of subsection 
(b) composed, as appropriate, of representatives of Federal agen-
cies, 
institutions 
of 
higher 
education, 
nongovernmental 
organizations, State organizations, industry, and international 
Establishment. 
Deadline. 
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121 STAT. 1712 
PUBLIC LAW 110–140—DEC. 19, 2007 
geoscience organizations to review the methodology and com-
ments 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 subsection (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 method-
ology. 
(2) GEOLOGICAL VERIFICATION.—As part of the assessment 
under this subsection, the Secretary shall carry out a drilling 
program to supplement the geological data relevant to deter-
mining sequestration capacity 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 PROGRAMS.—As part 
of the drilling program under paragraph (2), the Secretary 
shall enter, as appropriate, into partnerships with other entities 
to collect and integrate data from other drilling programs rel-
evant to the sequestration of carbon dioxide in geological forma-
tions. 
(4) INCORPORATION INTO NATCARB.— 
(A) IN GENERAL.—On completion of the assessment, 
the Secretary of Energy and the Secretary of the Interior 
shall incorporate the results of the assessment using— 
(i) the NatCarb database, to the maximum 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 sequestration 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 Secretary 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 assessment developed 
under this section shall be updated periodically (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. 
Deadline. 
Federal Register, 
publication. 
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121 STAT. 1713 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 712. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE 
AND NITROUS OXIDE EMISSIONS FROM ECOSYSTEMS. 
(a) DEFINITIONS.—In this section: 
(1) ADAPTATION STRATEGY.—The term ‘‘adaptation 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 greenhouse gases 
from any ecosystem. 
(2) ASSESSMENT.—The term ‘‘assessment’’ means the 
national assessment authorized under subsection (b). 
(3) COVERED GREENHOUSE GAS.—The term ‘‘covered green-
house gas’’ means carbon dioxide, nitrous oxide, and methane 
gas. 
(4) ECOSYSTEM.—The term ‘‘ecosystem’’ means any terres-
trial, freshwater aquatic, or coastal ecosystem, including an 
estuary. 
(5) NATIVE PLANT SPECIES.—The term ‘‘native plant species’’ 
means any noninvasive, naturally occurring plant species 
within an ecosystem. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(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 assess-
ment of— 
(1) the quantity of carbon stored in and released from 
ecosystems, including from man-caused and natural fires; and 
(2) the annual flux of covered greenhouse gases in and 
out of ecosystems. 
(c) COMPONENTS.—In conducting the assessment under sub-
section (b), the Secretary shall— 
(1) determine the processes that control the flux of covered 
greenhouse gases in and out of each ecosystem; 
(2) estimate the potential for increasing carbon sequestra-
tion in natural and managed ecosystems through management 
activities or restoration activities in each ecosystem; 
(3) develop near-term and long-term adaptation strategies 
or mitigation strategies that can be employed— 
(A) to enhance the sequestration of carbon in each 
ecosystem; 
(B) to reduce emissions of covered greenhouse gases 
from ecosystems; and 
(C) to adapt to climate change; and 
(4) estimate the annual carbon sequestration capacity of 
ecosystems under a range of policies in support of management 
activities to optimize sequestration. 
(d) USE OF NATIVE PLANT SPECIES.—In developing restoration 
activities under subsection (c)(2) and management 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 sub-
section (b) and developing the methodology under subsection 
(f), the Secretary shall consult with— 
Deadline. 
42 USC 17272. 
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121 STAT. 1714 
PUBLIC LAW 110–140—DEC. 19, 2007 
(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 Atmosphere; and 
(E) the heads of other relevant agencies. 
(2) OCEAN AND COASTAL ECOSYSTEMS.—In carrying out this 
section with respect to ocean and coastal 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 method-
ology for conducting the assessment. 
(2) REQUIREMENTS.—The methodology developed under 
paragraph (1)— 
(A) shall— 
(i) determine the method for measuring, moni-
toring, and quantifying covered greenhouse gas emis-
sions and reductions; 
(ii) estimate the total capacity of each ecosystem 
to sequester carbon; and 
(iii) estimate the ability of each ecosystem to 
reduce emissions of covered greenhouse gases through 
management practices; and 
(B) may employ economic and other systems models, 
analyses, and estimates, to be developed 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 method-
ology published under subparagraph (A) and any comments 
received under subparagraph (B), to be composed of mem-
bers— 
(i) with expertise in the matters described in sub-
sections (c) and (d); and 
(ii) that are, as appropriate, representatives of Fed-
eral agencies, institutions of higher education, non-
governmental 
organizations, 
State 
organizations, 
industry, and international organizations; and 
(D) on completion of the review under subparagraph 
(C), publish in the Federal Register the revised final meth-
odology. 
(g) ESTIMATE; REVIEW.—The Secretary shall— 
(1) based on the assessment, prescribe the data, informa-
tion, and analysis needed to establish a scientifically sound 
estimate of the carbon sequestration capacity of relevant eco-
systems; and 
(2) not later than 180 days after the date on which the 
assessment is completed, submit to the heads of applicable 
Deadline. 
Reports. 
Federal Register, 
publication. 
Establishment. 
Deadline. 
Deadline. 
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121 STAT. 1715 
PUBLIC LAW 110–140—DEC. 19, 2007 
Federal agencies and the appropriate 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 assess-
ment into a web-accessible database for public use. 
(i) AUTHORIZATION.—There is authorized to be appropriated 
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 
(2) by inserting after subsection (c) the following: 
‘‘(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 quantity of carbon dioxide 
stored within Federal mineral leaseholds.’’. 
SEC. 714. FRAMEWORK FOR GEOLOGICAL CARBON SEQUESTRATION 
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 Com-
mittee on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate 
a report on a recommended framework for managing geological 
carbon sequestration activities on public land. 
(b) CONTENTS.—The report required by subsection (a) shall 
include the following: 
(1) 
Recommended 
criteria 
for 
identifying 
candidate 
geological sequestration sites in each of the following types 
of geological settings: 
(A) Operating oil and gas fields. 
(B) Depleted oil and gas fields. 
(C) Unmineable coal seams. 
(D) Deep saline formations. 
(E) Deep geological systems that may be used as engi-
neered reservoirs to extract economical quantities of heat 
from geothermal resources of low permeability or porosity. 
(F) Deep geological systems containing basalt forma-
tions. 
(G) Coalbeds being used for methane recovery. 
(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 dioxide, which includes an 
assessment of options to ensure 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 cultural resources 
of the public land overlaying a geological sequestration 
site. 
(4) A description of the status of Federal leasehold or 
Federal mineral estate liability issues related to the geological 
subsurface trespass of or caused by carbon dioxide stored in 
Public 
information. 
Web site. 
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121 STAT. 1716 
PUBLIC LAW 110–140—DEC. 19, 2007 
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 management and leasing 
laws are adequate to accommodate 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 anthropogenic carbon dioxide. 
(B) Recommendations for additional legislation that may 
be required to clarify the appropriate framework for issuing 
rights-of-way for carbon dioxide pipelines on public land. 
(c) CONSULTATION WITH OTHER AGENCIES.—In preparing the 
report under this section, the Secretary of the Interior shall coordi-
nate with— 
(1) the Administrator of the Environmental Protection 
Agency; 
(2) the Secretary of Energy; and 
(3) the heads of other appropriate agencies. 
(d) COMPLIANCE WITH SAFE DRINKING WATER ACT.—The Sec-
retary shall ensure that all recommendations developed under this 
section are in compliance with all Federal environmental laws, 
including the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 
and regulations under that Act. 
TITLE VIII—IMPROVED MANAGEMENT 
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 period beginning on 
the date of enactment of this Act; 
(2) to promote the national security benefits associated 
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 
42 USC 17281. 
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121 STAT. 1717 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) collective agreements with 1 or more nationally recog-
nized institutes, businesses, or nonprofit organizations for the 
funding, development, and distribution 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 advertising; and 
(iv) evaluation of the effectiveness of the media 
campaign; and 
(B) administrative costs, including operational and 
management expenses. 
(2) LIMITATIONS.—In carrying out this section, the Sec-
retary shall allocate not less than 85 percent of funds made 
available under subsection (e) for each fiscal year for the adver-
tising 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 consideration 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 manner consistent with 
the overall strategy and focus of the campaign; 
(3) plans to purchase advertising time and space; 
(4) policies and practices implemented to ensure that Fed-
eral funds are used responsibly to purchase advertising time 
and space and eliminate the potential for waste, fraud, and 
abuse; and 
(5) all contracts or cooperative agreements entered into 
with a corporation, partnership, or individual working on behalf 
of the national media campaign. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to carry out this section $5,000,000 for each of fiscal years 
2008 through 2012. 
(2) DECREASED OIL CONSUMPTION.—The Secretary shall use 
not less than 50 percent of the amount that is made available 
under this section for each fiscal year to develop and conduct 
a national media campaign to decrease oil consumption in 
the United States over the next decade. 
SEC. 802. ALASKA NATURAL GAS PIPELINE ADMINISTRATION. 
Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 
720d) is amended by adding at the end the following: 
‘‘(h) ADMINISTRATION.— 
‘‘(1) PERSONNEL APPOINTMENTS.— 
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121 STAT. 1718 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) IN
GENERAL.—The Federal Coordinator may 
appoint and terminate such personnel as the Federal 
Coordinator determines to be appropriate. 
‘‘(B) AUTHORITY OF FEDERAL COORDINATOR.—Personnel 
appointed by the Federal Coordinator under subparagraph 
(A) shall be appointed without regard to the provisions 
of title 5, United States Code, governing appointments 
in the competitive service. 
‘‘(2) COMPENSATION.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), per-
sonnel appointed by the Federal Coordinator under para-
graph (1)(A) shall be paid without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 
5, United States Code (relating to classification and Gen-
eral Schedule pay rates). 
‘‘(B) MAXIMUM LEVEL OF COMPENSATION.—The rate of 
pay for personnel appointed by the Federal Coordinator 
under paragraph (1)(A) shall not exceed the maximum 
level of rate payable for level III of the Executive Schedule 
(5 U.S.C. 5314). 
‘‘(C) ALLOWANCES.—Section 5941 of title 5, United 
States Code, shall apply to personnel appointed by the 
Federal Coordinator under paragraph (1)(A). 
‘‘(3) TEMPORARY SERVICES.— 
‘‘(A) IN GENERAL.—The Federal Coordinator may pro-
cure temporary and intermittent services in accordance 
with section 3109(b) of title 5, United States Code. 
‘‘(B) MAXIMUM LEVEL OF COMPENSATION.—The level of 
compensation of an individual employed on a temporary 
or intermittent basis under subparagraph (A) shall not 
exceed the maximum level of rate payable for level III 
of the Executive Schedule (5 U.S.C. 5314). 
‘‘(4) FEES, CHARGES, AND COMMISSIONS.— 
‘‘(A) IN GENERAL.—With respect to the duties of the 
Federal Coordinator, as described in this Act, the Federal 
Coordinator shall have similar authority to establish, 
change, and abolish reasonable filing and service fees, 
charges, and commissions, require deposits of payments, 
and provide refunds as provided to the Secretary of the 
Interior in section 304 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1734). 
‘‘(B) AUTHORITY
OF
SECRETARY
OF
THE
INTERIOR.— 
Subparagraph (A) shall not affect the authority of the 
Secretary of the Interior to establish, change, and abolish 
reasonable filing and service fees, charges, and commis-
sions, require deposits of payments, and provide refunds 
under section 304 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1734). 
‘‘(C) USE
OF
FUNDS.—The Federal Coordinator is 
authorized to use, without further appropriation, amounts 
collected under subparagraph (A) to carry out this section.’’. 
SEC. 803. RENEWABLE ENERGY DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) ALASKA
SMALL
HYDROELECTRIC
POWER.—The term 
‘‘Alaska small hydroelectric power’’ means power that— 
(A) is generated— 
42 USC 17282. 
Applicability. 
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121 STAT. 1719 
PUBLIC LAW 110–140—DEC. 19, 2007 
(i) in the State of Alaska; 
(ii) without the use of a dam or impoundment 
of water; and 
(iii) through the use of— 
(I) a lake tap (but not a perched alpine lake); 
or 
(II) a run-of-river screened at the point of 
diversion; and 
(B) has a nameplate capacity rating of a wattage that 
is not more than 15 megawatts. 
(2) ELIGIBLE
APPLICANT.—The term ‘‘eligible applicant’’ 
means any— 
(A) governmental entity; 
(B) private utility; 
(C) public utility; 
(D) municipal utility; 
(E) cooperative utility; 
(F) Indian tribes; and 
(G) Regional Corporation (as defined in section 3 of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1602)). 
(3) OCEAN ENERGY.— 
(A) INCLUSIONS.—The term ‘‘ocean energy’’ includes 
current, wave, and tidal energy. 
(B) EXCLUSION.—The term ‘‘ocean energy’’ excludes 
thermal energy. 
(4) RENEWABLE ENERGY PROJECT.—The term ‘‘renewable 
energy project’’ means a project— 
(A) for the commercial generation of electricity; and 
(B) that generates electricity from— 
(i) solar, wind, or geothermal energy or ocean 
energy; 
(ii) biomass (as defined in section 203(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 15852(b))); 
(iii) landfill gas; or 
(iv) Alaska small hydroelectric power. 
(b) RENEWABLE ENERGY CONSTRUCTION GRANTS.— 
(1) IN GENERAL.—The Secretary shall use amounts appro-
priated under this section to make grants for use in carrying 
out renewable energy projects. 
(2) CRITERIA.—Not later than 180 days after the date of 
enactment of this Act, the Secretary shall set forth criteria 
for use in awarding grants under this section. 
(3) APPLICATION.—To receive a grant from the Secretary 
under paragraph (1), an eligible applicant shall submit to the 
Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require, 
including a written assurance that— 
(A) 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 determined by the Secretary of Labor in accordance 
with sections 3141–3144, 3146, and 3147 of title 40, United 
States Code; and 
(B) the Secretary of Labor shall, with respect to the 
labor standards described in this paragraph, have the 
Deadline. 
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121 STAT. 1720 
PUBLIC LAW 110–140—DEC. 19, 2007 
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. 
(4) NON-FEDERAL
SHARE.—Each eligible applicant that 
receives a grant under this subsection shall contribute to the 
total cost of the renewable energy project constructed by the 
eligible applicant an amount not less than 50 percent of the 
total cost of the project. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Fund such sums as are necessary to 
carry out this section. 
SEC. 804. COORDINATION OF PLANNED REFINERY OUTAGES. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Energy Information Administration. 
(2) PLANNED REFINERY OUTAGE.— 
(A) IN GENERAL.—The term ‘‘planned refinery outage’’ 
means a removal, scheduled before the date on which the 
removal occurs, of a refinery, or any unit of a refinery, 
from service for maintenance, repair, or modification. 
(B) EXCLUSION.—The term ‘‘planned refinery outage’’ 
does not include any necessary and unplanned removal 
of a refinery, or any unit of a refinery, from service as 
a result of a component failure, safety hazard, emergency, 
or action reasonably anticipated to be necessary to prevent 
such events. 
(3) REFINED
PETROLEUM
PRODUCT.—The term ‘‘refined 
petroleum product’’ means any gasoline, diesel fuel, fuel oil, 
lubricating oil, liquid petroleum gas, or other petroleum dis-
tillate that is produced through the refining or processing of 
crude oil or an oil derived from tar sands, shale, or coal. 
(4) REFINERY.—The term ‘‘refinery’’ means a facility used 
in the production of a refined petroleum product through dis-
tillation, cracking, or any other process. 
(b) REVIEW AND ANALYSIS OF AVAILABLE INFORMATION.—The 
Administrator shall, on an ongoing basis— 
(1) review information on refinery outages that is available 
from commercial reporting services; 
(2) analyze that information to determine whether the 
scheduling of a refinery outage may nationally or regionally 
substantially affect the price or supply of any refined petroleum 
product by— 
(A) decreasing the production of the refined petroleum 
product; and 
(B) causing or contributing to a retail or wholesale 
supply shortage or disruption; 
(3) not less frequently than twice each year, submit to 
the Secretary a report describing the results of the review 
and analysis under paragraphs (1) and (2); and 
(4) specifically alert the Secretary of any refinery outage 
that the Administrator determines may nationally or regionally 
substantially affect the price or supply of a refined petroleum 
product. 
(c) ACTION BY SECRETARY.—On a determination by the Sec-
retary, based on a report or alert under paragraph (3) or (4) of 
subsection (b), that a refinery outage may affect the price or supply 
Deadlines. 
Reports. 
42 USC 17283. 
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121 STAT. 1721 
PUBLIC LAW 110–140—DEC. 19, 2007 
of a refined petroleum product, the Secretary shall make available 
to refinery operators information on planned refinery outages to 
encourage reductions of the quantity of refinery capacity that is 
out of service at any time. 
(d) LIMITATION.—Nothing in this section shall alter any existing 
legal obligation or responsibility of a refinery operator, or create 
any legal right of action, nor shall this section authorize the Sec-
retary— 
(1) to prohibit a refinery operator from conducting a 
planned refinery outage; or 
(2) to require a refinery operator to continue to operate 
a refinery. 
SEC. 805. ASSESSMENT OF RESOURCES. 
(a) 5-YEAR PLAN.— 
(1) ESTABLISHMENT.—The Administrator of the Energy 
Information Administration (referred to in this section as the 
‘‘Administrator’’) shall establish a 5-year plan to enhance the 
quality and scope of the data collection necessary to ensure 
the scope, accuracy, and timeliness of the information needed 
for efficient functioning of energy markets and related financial 
operations. 
(2) REQUIREMENT.—In establishing the plan under para-
graph (1), the Administrator shall pay particular attention to— 
(A) data series terminated because of budget con-
straints; 
(B) data on demand response; 
(C) timely data series of State-level information; 
(D) improvements in the area of oil and gas data; 
(E) improvements in data on solid byproducts from 
coal-based energy-producing facilities; and 
(F) the ability to meet applicable deadlines under Fed-
eral law (including regulations) to provide data required 
by Congress. 
(b) SUBMISSION TO CONGRESS.—The Administrator shall submit 
to Congress the plan established under subsection (a), including 
a description of any improvements needed to enhance the ability 
of the Administrator to collect and process energy information in 
a manner consistent with the needs of energy markets. 
(c) GUIDELINES.— 
(1) IN GENERAL.—The Administrator shall— 
(A) establish guidelines to ensure the quality, com-
parability, and scope of State energy data, including data 
on energy production and consumption by product and 
sector and renewable and alternative sources, required to 
provide a comprehensive, accurate energy profile at the 
State level; 
(B) share company-level data collected at the State 
level with each State involved, in a manner consistent 
with the legal authorities, confidentiality protections, and 
stated uses in effect at the time the data were collected, 
subject to the condition that the State shall agree to reason-
able requirements for use of the data, as the Administrator 
may require; 
(C) assess any existing gaps in data obtained and 
compiled by the Energy Information Administration; and 
42 USC 17284. 
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121 STAT. 1722 
PUBLIC LAW 110–140—DEC. 19, 2007 
(D) evaluate the most cost-effective ways to address 
any data quality and quantity issues in conjunction with 
State officials. 
(2) CONSULTATION.—The Administrator shall consult with 
State officials and the Federal Energy Regulatory Commission 
on a regular basis in— 
(A) establishing guidelines and determining the scope 
of State-level data under paragraph (1); and 
(B) exploring ways to address data needs and serve 
data uses. 
(d) ASSESSMENT
OF STATE DATA NEEDS.—Not later than 1 
year after the date of enactment of this Act, the Administrator 
shall submit to Congress an assessment of State-level data needs, 
including a plan to address the needs. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—In addition to any 
other amounts made available to the Administrator, there are 
authorized to be appropriated to the Administrator to carry out 
this section— 
(1) $10,000,000 for fiscal year 2008; 
(2) $10,000,000 for fiscal year 2009; 
(3) $10,000,000 for fiscal year 2010; 
(4) $15,000,000 for fiscal year 2011; 
(5) $20,000,000 for fiscal year 2012; and 
(6) such sums as are necessary for subsequent fiscal years. 
SEC. 806. SENSE OF CONGRESS RELATING TO THE USE OF RENEWABLE 
RESOURCES TO GENERATE ENERGY. 
(a) FINDINGS.—Congress finds that— 
(1) the United States has a quantity of renewable energy 
resources that is sufficient to supply a significant portion of 
the energy needs of the United States; 
(2) the agricultural, forestry, and working land of the 
United States can help ensure a sustainable domestic energy 
system; 
(3) accelerated development and use of renewable energy 
technologies provide numerous benefits to the United States, 
including improved national security, improved balance of pay-
ments, healthier rural economies, improved environmental 
quality, and abundant, reliable, and affordable energy for all 
citizens of the United States; 
(4) the production of transportation fuels from renewable 
energy would help the United States meet rapidly growing 
domestic and global energy demands, reduce the dependence 
of the United States on energy imported from volatile regions 
of the world that are politically unstable, stabilize the cost 
and availability of energy, and safeguard the economy and 
security of the United States; 
(5) increased energy production from domestic renewable 
resources would attract substantial new investments in energy 
infrastructure, create economic growth, develop new jobs for 
the citizens of the United States, and increase the income 
for farm, ranch, and forestry jobs in the rural regions of the 
United States; 
(6) increased use of renewable energy is practical and can 
be cost effective with the implementation of supportive policies 
and proper incentives to stimulate markets and infrastructure; 
and 
42 USC 17285. 
Deadline. 
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121 STAT. 1723 
PUBLIC LAW 110–140—DEC. 19, 2007 
(7) public policies aimed at enhancing renewable energy 
production and accelerating technological improvements will 
further reduce energy costs over time and increase market 
demand. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
it is the goal of the United States that, not later than January 
1, 2025, the agricultural, forestry, and working land of the United 
States should— 
(1) provide from renewable resources not less than 25 per-
cent of the total energy consumed in the United States; and 
(2) continue to produce safe, abundant, and affordable food, 
feed, and fiber. 
SEC. 807. GEOTHERMAL ASSESSMENT, EXPLORATION INFORMATION, 
AND PRIORITY ACTIVITIES. 
(a) IN GENERAL.—Not later than January 1, 2012, the Secretary 
of the Interior, acting through the Director of the United States 
Geological Survey, shall— 
(1) complete a comprehensive nationwide geothermal 
resource assessment that examines the full range of geothermal 
resources in the United States; and 
(2) submit to the the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report describing the 
results of the assessment. 
(b) PERIODIC UPDATES.—At least once every 10 years, the Sec-
retary shall update the national assessment required under this 
section to support public and private sector decisionmaking. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of the Interior to carry out 
this section— 
(1) $15,000,000 for each of fiscal years 2008 through 2012; 
and 
(2) such sums as are necessary for each of fiscal years 
2013 through 2022. 
Subtitle B—Prohibitions on Market 
Manipulation and False Information 
SEC. 811. PROHIBITION ON MARKET MANIPULATION. 
It is unlawful for any person, directly or indirectly, to use 
or employ, in connection with the purchase or sale of crude oil 
gasoline or petroleum distillates at wholesale, any manipulative 
or deceptive device or contrivance, in contravention of such rules 
and regulations as the Federal Trade Commission may prescribe 
as necessary or appropriate in the public interest or for the protec-
tion of United States citizens. 
SEC. 812. PROHIBITION ON FALSE INFORMATION. 
It is unlawful for any person to report information related 
to the wholesale price of crude oil gasoline or petroleum distillates 
to a Federal department or agency if— 
(1) the person knew, or reasonably should have known, 
the information to be false or misleading; 
(2) the information was required by law to be reported; 
and 
42 USC 17302. 
42 USC 17301. 
Reports. 
Deadlines. 
42 USC 17286. 
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121 STAT. 1724 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) the person intended the false or misleading data to 
affect data compiled by the department or agency for statistical 
or analytical purposes with respect to the market for crude 
oil, gasoline, or petroleum distillates. 
SEC. 813. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. 
(a) ENFORCEMENT.—This subtitle shall be enforced by the Fed-
eral Trade Commission in the same manner, by the same means, 
and with the same jurisdiction as though all applicable terms 
of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
incorporated into and made a part of this subtitle. 
(b) VIOLATION IS TREATED AS UNFAIR OR DECEPTIVE ACT OR 
PRACTICE.—The violation of any provision of this subtitle shall 
be treated as an unfair or deceptive act or practice proscribed 
under a rule issued under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
SEC. 814. PENALTIES. 
(a) CIVIL PENALTY.—In addition to any penalty applicable under 
the Federal Trade Commission Act (15 U.S.C. 41 et seq.), any 
supplier that violates section 811 or 812 shall be punishable by 
a civil penalty of not more than $1,000,000. 
(b) METHOD.—The penalties provided by subsection (a) shall 
be obtained in the same manner as civil penalties imposed under 
section 5 of the Federal Trade Commission Act (15 U.S.C. 45). 
(c) MULTIPLE OFFENSES; MITIGATING FACTORS.—In assessing 
the penalty provided by subsection (a)— 
(1) each day of a continuing violation shall be considered 
a separate violation; and 
(2) the court shall take into consideration, among other 
factors— 
(A) the seriousness of the violation; and 
(B) the efforts of the person committing the violation 
to remedy the harm caused by the violation in a timely 
manner. 
SEC. 815. EFFECT ON OTHER LAWS. 
(a) OTHER AUTHORITY OF THE COMMISSION.—Nothing in this 
subtitle limits or affects the authority of the Federal Trade Commis-
sion to bring an enforcement action or take any other measure 
under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
or any other provision of law. 
(b) ANTITRUST LAW.—Nothing in this subtitle shall be construed 
to modify, impair, or supersede the operation of any of the antitrust 
laws. For purposes of this subsection, the term ‘‘antitrust laws’’ 
shall have the meaning given it in subsection (a) of the first section 
of the Clayton Act (15 U.S.C. 12), except that it includes section 
5 of the Federal Trade Commission Act (15 U.S.C. 45) to the 
extent that such section 5 applies to unfair methods of competition. 
(c) STATE LAW.—Nothing in this subtitle preempts any State 
law. 
42 USC 17305. 
42 USC 17304. 
42 USC 17303. 
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121 STAT. 1725 
PUBLIC LAW 110–140—DEC. 19, 2007 
TITLE IX—INTERNATIONAL ENERGY 
PROGRAMS 
SEC. 901. DEFINITIONS. 
In this title: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Affairs and the Com-
mittee on Energy and Commerce of the House of Represent-
atives; and 
(B) the Committee on Foreign Relations, the Com-
mittee on Energy and Natural Resources, the Committee 
on Environment and Public Works, and the Committee 
on Commerce, Science, and Transportation of the Senate. 
(2) CLEAN AND EFFICIENT ENERGY TECHNOLOGY.—The term 
‘‘clean and efficient energy technology’’ means an energy supply 
or end-use technology that, compared to a similar technology 
already in widespread commercial use in a recipient country, 
will— 
(A) reduce emissions of greenhouse gases; or 
(B)(i) increase efficiency of energy production; or 
(ii) decrease intensity of energy usage. 
(3) GREENHOUSE GAS.—The term ‘‘greenhouse gas’’ means— 
(A) carbon dioxide; 
(B) methane; 
(C) nitrous oxide; 
(D) hydrofluorocarbons; 
(E) perfluorocarbons; or 
(F) sulfur hexafluoride. 
Subtitle A—Assistance to Promote Clean 
and Efficient Energy Technologies in 
Foreign Countries 
SEC. 911. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES. 
(a) ASSISTANCE AUTHORIZED.—The Administrator of the United 
States Agency for International Development shall support policies 
and programs in developing countries that promote clean and effi-
cient energy technologies— 
(1) to produce the necessary market conditions for the 
private sector delivery of energy and environmental manage-
ment services; 
(2) to create an environment that is conducive to accepting 
clean and efficient energy technologies that support the overall 
purpose of reducing greenhouse gas emissions, including— 
(A) improving policy, legal, and regulatory frameworks; 
(B) increasing institutional abilities to provide energy 
and environmental management services; and 
(C) increasing public awareness and participation in 
the decision-making of delivering energy and environ-
mental management services; and 
42 USC 17331. 
42 USC 17321. 
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121 STAT. 1726 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) to promote the use of American-made clean and efficient 
energy technologies, products, and energy and environmental 
management services. 
(b) REPORT.—The Administrator of the United States Agency 
for International Development shall submit to the appropriate 
congressional committees an annual report on the implementation 
of this section for each of the fiscal years 2008 through 2012. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there are authorized to be appropriated to the Administrator 
of the United States Agency for International Development 
$200,000,000 for each of the fiscal years 2008 through 2012. 
SEC. 912. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR 
INDIA, CHINA, AND OTHER COUNTRIES. 
(a) ASSISTANCE AUTHORIZED.—The Secretary of Commerce shall 
direct the United States and Foreign Commercial Service to expand 
or create a corps of the Foreign Commercial Service officers to 
promote United States exports in clean and efficient energy tech-
nologies and build the capacity of government officials in India, 
China, and any other country the Secretary of Commerce deter-
mines appropriate, to become more familiar with the available 
technologies— 
(1) by assigning or training Foreign Commercial Service 
attache
´s, who have expertise in clean and efficient energy tech-
nologies from the United States, to embark on business develop-
ment and outreach efforts to such countries; and 
(2) by deploying the attache
´s described in paragraph (1) 
to educate provincial, state, and local government officials in 
such countries on the variety of United States-based tech-
nologies in clean and efficient energy technologies for the pur-
poses of promoting United States exports and reducing global 
greenhouse gas emissions. 
(b) REPORT.—The Secretary of Commerce shall submit to the 
appropriate congressional committees an annual report on the 
implementation of this section for each of the fiscal years 2008 
through 2012. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there are authorized to be appropriated to the Secretary of 
Commerce such sums as may be necessary for each of the fiscal 
years 2008 through 2012. 
SEC. 913. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE 
SECTOR TRADE AND INVESTMENT. 
(a) ASSISTANCE AUTHORIZED.—The Secretary of Commerce shall 
direct the International Trade Administration to expand or create 
trade missions to and from the United States to encourage private 
sector trade and investment in clean and efficient energy tech-
nologies— 
(1) by organizing and facilitating trade missions to foreign 
countries and by matching United States private sector compa-
nies with opportunities in foreign markets so that clean and 
efficient energy technologies can help to combat increases in 
global greenhouse gas emissions; and 
(2) by creating reverse trade missions in which the Depart-
ment of Commerce facilitates the meeting of foreign private 
and public sector organizations with private sector companies 
in the United States for the purpose of showcasing clean and 
42 USC 17333. 
42 USC 17332. 
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121 STAT. 1727 
PUBLIC LAW 110–140—DEC. 19, 2007 
efficient energy technologies in use or in development that 
could be exported to other countries. 
(b) REPORT.—The Secretary of Commerce shall submit to the 
appropriate congressional committees an annual report on the 
implementation of this section for each of the fiscal years 2008 
through 2012. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there are authorized to be appropriated to the Secretary of 
Commerce such sums as may be necessary for each of the fiscal 
years 2008 through 2012. 
SEC. 914. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORA-
TION. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Overseas Private Investment Corporation should promote 
greater investment in clean and efficient energy technologies by— 
(1) proactively reaching out to United States companies 
that are interested in investing in clean and efficient energy 
technologies in countries that are significant contributors to 
global greenhouse gas emissions; 
(2) giving preferential treatment to the evaluation and 
awarding of projects that involve the investment or utilization 
of clean and efficient energy technologies; and 
(3) providing greater flexibility in supporting projects that 
involve the investment or utilization of clean and efficient 
energy technologies, including financing, insurance, and other 
assistance. 
(b) REPORT.—The Overseas Private Investment Corporation 
shall include in its annual report required under section 240A 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a)— 
(1) a description of the activities carried out to implement 
this section; or 
(2) if the Corporation did not carry out any activities to 
implement this section, an explanation of the reasons therefor. 
SEC. 915. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT 
AGENCY. 
(a) ASSISTANCE AUTHORIZED.—The Director of the Trade and 
Development Agency shall establish or support policies that— 
(1) proactively seek opportunities to fund projects that 
involve the utilization of clean and efficient energy technologies, 
including in trade capacity building and capital investment 
projects; 
(2) where appropriate, advance the utilization of clean and 
efficient energy technologies, particularly to countries that have 
the potential for significant reduction in greenhouse gas emis-
sions; and 
(3) recruit and retain individuals with appropriate expertise 
or experience in clean, renewable, and efficient energy tech-
nologies to identify and evaluate opportunities for projects that 
involve clean and efficient energy technologies and services. 
(b) REPORT.—The President shall include in the annual report 
on the activities of the Trade and Development Agency required 
under section 661(d) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2421(d)) a description of the activities carried out to imple-
ment this section. 
President. 
42 USC 17335. 
42 USC 17334. 
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121 STAT. 1728 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 916. DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT 
ENERGY TECHNOLOGIES AND INVESTMENT IN GLOBAL 
ENERGY MARKETS. 
(a) TASK FORCE.— 
(1) ESTABLISHMENT.—Not later than 90 days after the date 
of the enactment of this Act, the President shall establish 
a Task Force on International Cooperation for Clean and Effi-
cient Energy Technologies (in this section referred to as the 
‘‘Task Force’’). 
(2) COMPOSITION.—The Task Force shall be composed of 
representatives, appointed by the head of the respective Federal 
department or agency, of— 
(A) the Council on Environmental Quality; 
(B) the Department of Energy; 
(C) the Department of Commerce; 
(D) the Department of the Treasury; 
(E) the Department of State; 
(F) the Environmental Protection Agency; 
(G) the United States Agency for International 
Development; 
(H) the Export-Import Bank of the United States; 
(I) the Overseas Private Investment Corporation: 
(J) the Trade and Development Agency; 
(K) the Small Business Administration; 
(L) the Office of the United States Trade Representa-
tive; and 
(M) other Federal departments and agencies, as deter-
mined by the President. 
(3) CHAIRPERSON.—The President shall designate a Chair-
person or Co-Chairpersons of the Task Force. 
(4) DUTIES.—The Task Force— 
(A) shall develop and assist in the implementation 
of the strategy required under subsection (c); and 
(B)(i) shall analyze technology, policy, and market 
opportunities for the development, demonstration, and 
deployment of clean and efficient energy technologies on 
an international basis; and 
(ii) shall examine relevant trade, tax, finance, inter-
national, and other policy issues to assess which policies, 
in the United States and in developing countries, would 
help open markets and improve the export of clean and 
efficient energy technologies from the United States. 
(5) TERMINATION.—The Task Force, including any working 
group established by the Task Force pursuant to subsection 
(b), shall terminate 12 years after the date of the enactment 
of this Act. 
(b) WORKING GROUPS.— 
(1) ESTABLISHMENT.—The Task Force— 
(A) shall establish an Interagency Working Group on 
the Export of Clean and Efficient Energy Technologies 
(in this section referred to as the ‘‘Interagency Working 
Group’’); and 
(B) may establish other working groups as may be 
necessary to carry out this section. 
(2) COMPOSITION.—The Interagency Working Group shall 
be composed of— 
Deadline. 
President. 
42 USC 17336. 
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121 STAT. 1729 
PUBLIC LAW 110–140—DEC. 19, 2007 
(A) the Secretary of Energy, the Secretary of Com-
merce, and the Secretary of State, who shall serve as 
Co-Chairpersons of the Interagency Working Group; and 
(B) other members, as determined by the Chairperson 
or Co-Chairpersons of the Task Force. 
(3) DUTIES.—The Interagency Working Group shall coordi-
nate the resources and relevant programs of the Department 
of Energy, the Department of Commerce, the Department of 
State, and other relevant Federal departments and agencies 
to support the export of clean and efficient energy technologies 
developed or demonstrated in the United States to other coun-
tries and the deployment of such clean and efficient energy 
technologies in such other countries. 
(4) INTERAGENCY
CENTER.—The Interagency Working 
Group— 
(A) shall establish an Interagency Center on the Export 
of Clean and Efficient Energy Technologies (in this section 
referred to as the ‘‘Interagency Center’’) to assist the Inter-
agency Working Group in carrying out its duties required 
under paragraph (3); and 
(B) shall locate the Interagency Center at a site agreed 
upon by the Co-Chairpersons of the Interagency Working 
Group, with the approval of the Chairperson or Co-Chair-
persons of the Task Force. 
(c) STRATEGY.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, the Task Force shall develop 
and submit to the President and the appropriate congressional 
committees a strategy to— 
(A) support the development and implementation of 
programs, policies, and initiatives in developing countries 
to promote the adoption and deployment of clean and effi-
cient energy technologies, with an emphasis on those devel-
oping countries that are expected to experience the most 
significant growth in energy production and use over the 
next 20 years; 
(B) open and expand clean and efficient energy tech-
nology markets and facilitate the export of clean and effi-
cient energy technologies to developing countries, in a 
manner consistent with United States obligations as a 
member of the World Trade Organization; 
(C) integrate into the foreign policy objectives of the 
United States the promotion of— 
(i) the deployment of clean and efficient energy 
technologies and the reduction of greenhouse gas emis-
sions in developing countries; and 
(ii) the export of clean and efficient energy tech-
nologies; and 
(D) develop financial mechanisms and instruments, 
including securities that mitigate the political and foreign 
exchange risks of uses that are consistent with the foreign 
policy objectives of the United States by combining the 
private sector market and government enhancements, 
that— 
(i) are cost-effective; and 
Deadline. 
Establishment. 
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121 STAT. 1730 
PUBLIC LAW 110–140—DEC. 19, 2007 
(ii) facilitate private capital investment in clean 
and efficient energy technology projects in developing 
countries. 
(2) UPDATES.—Not later than 3 years after the date of 
submission of the strategy under paragraph (1), and every 
3 years thereafter, the Task Force shall update the strategy 
in accordance with the requirements of paragraph (1). 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of submission of the strategy under subsection (c)(1), and every 
3 years thereafter, the President shall transmit to the appro-
priate congressional committees a report on the implementation 
of this section for the prior 3-year period. 
(2) MATTERS TO BE INCLUDED.—The report required under 
paragraph (1) shall include the following: 
(A) The update of the strategy required under sub-
section (c)(2) and a description of the actions taken by 
the Task Force to assist in the implementation of the 
strategy. 
(B) A description of actions taken by the Task Force 
to carry out the duties required under subsection (a)(4)(B). 
(C) A description of assistance provided under this 
section. 
(D) The results of programs, projects, and activities 
carried out under this section. 
(E) A description of priorities for promoting the diffu-
sion and adoption of clean and efficient energy technologies 
and strategies in developing countries, taking into account 
economic and security interests of the United States and 
opportunities for the export of technology of the United 
States. 
(F) Recommendations to the heads of appropriate Fed-
eral departments and agencies on methods to streamline 
Federal programs and policies to improve the role of such 
Federal departments and agencies in the development, 
demonstration, and deployment of clean and efficient 
energy technologies on an international basis. 
(G) Strategies to integrate representatives of the pri-
vate sector and other interested groups on the export and 
deployment of clean and efficient energy technologies. 
(H) A description of programs to disseminate informa-
tion to the private sector and the public on clean and 
efficient energy technologies and opportunities to transfer 
such clean and efficient energy technologies. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $5,000,000 for each 
of fiscal years 2008 through 2020. 
SEC. 917. UNITED STATES-ISRAEL ENERGY COOPERATION. 
(a) FINDINGS.—Congress finds that— 
(1) it is in the highest national security interests of the 
United States to develop renewable energy sources; 
(2) the State of Israel is a steadfast ally of the United 
States; 
(3) the special relationship between the United States and 
Israel is manifested in a variety of cooperative scientific 
research and development programs, such as— 
42 USC 17337. 
President. 
Deadline. 
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121 STAT. 1731 
PUBLIC LAW 110–140—DEC. 19, 2007 
(A) 
the 
United 
States-Israel 
Binational 
Science 
Foundation; and 
(B) the United States-Israel Binational Industrial 
Research and Development Foundation; 
(4) those programs have made possible many scientific, 
technological, and commercial breakthroughs in the fields of 
life 
sciences, 
medicine, 
bioengineering, 
agriculture, 
bio-
technology, communications, and others; 
(5) on February 1, 1996, the Secretary of Energy (referred 
to in this section as the ‘‘Secretary’’) and the Israeli Minister 
of Energy and Infrastructure signed an agreement to establish 
a framework for collaboration between the United States and 
Israel in energy research and development activities; 
(6) Israeli scientists and engineers are at the forefront 
of research and development in the field of renewable energy 
sources; and 
(7) enhanced cooperation between the United States and 
Israel for the purpose of research and development of renewable 
energy sources would be in the national interests of both coun-
tries. 
(b) GRANT PROGRAM.— 
(1) ESTABLISHMENT.—In implementing the agreement enti-
tled the ‘‘Agreement between the Department of Energy of 
the United States of America and the Ministry of Energy and 
Infrastructure of Israel Concerning Energy Cooperation’’, dated 
February 1, 1996, the Secretary shall establish a grant program 
in accordance with the requirements of sections 988 and 989 
of the Energy Policy Act of 2005 (42 U.S.C. 16352, 16353) 
to support research, development, and commercialization of 
renewable energy or energy efficiency. 
(2) TYPES OF ENERGY.—In carrying out paragraph (1), the 
Secretary may make grants to promote— 
(A) solar energy; 
(B) biomass energy; 
(C) energy efficiency; 
(D) wind energy; 
(E) geothermal energy; 
(F) wave and tidal energy; and 
(G) advanced battery technology. 
(3) ELIGIBLE APPLICANTS.—An applicant shall be eligible 
to receive a grant under this subsection if the project of the 
applicant— 
(A) addresses a requirement in the area of improved 
energy efficiency or renewable energy sources, as deter-
mined by the Secretary; and 
(B) is a joint venture between— 
(i)(I) a for-profit business entity, academic institu-
tion, National Laboratory (as defined in section 2 of 
the Energy Policy Act of 2005 (42 U.S.C. 15801)), or 
nonprofit entity in the United States; and 
(II) a for-profit business entity, academic institu-
tion, or nonprofit entity in Israel; or 
(ii)(I) the Federal Government; and 
(II) the Government of Israel. 
(4) APPLICATIONS.—To be eligible to receive a grant under 
this subsection, an applicant shall submit to the Secretary 
an application for the grant in accordance with procedures 
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121 STAT. 1732 
PUBLIC LAW 110–140—DEC. 19, 2007 
established by the Secretary, in consultation with the advisory 
board established under paragraph (5). 
(5) ADVISORY BOARD.— 
(A) ESTABLISHMENT.—The Secretary shall establish an 
advisory board— 
(i) to monitor the method by which grants are 
awarded under this subsection; and 
(ii) to provide to the Secretary periodic perform-
ance reviews of actions taken to carry out this sub-
section. 
(B) COMPOSITION.—The advisory board established 
under subparagraph (A) shall be composed of 3 members, 
to be appointed by the Secretary, of whom— 
(i) 1 shall be a representative of the Federal 
Government; 
(ii) 1 shall be selected from a list of nominees 
provided by the United States-Israel Binational Science 
Foundation; and 
(iii) 1 shall be selected from a list of nominees 
provided by the United States-Israel Binational Indus-
trial Research and Development Foundation. 
(6) CONTRIBUTED
FUNDS.—Notwithstanding section 3302 
of title 31, United States Code, the Secretary may accept, 
retain, and use funds contributed by any person, government 
entity, or organization for purposes of carrying out this sub-
section— 
(A) without further appropriation; and 
(B) without fiscal year limitation. 
(7) REPORT.—Not later than 180 days after the date of 
completion of a project for which a grant is provided under 
this subsection, the grant recipient shall submit to the Sec-
retary a report that contains— 
(A) a description of the method by which the recipient 
used the grant funds; and 
(B) an evaluation of the level of success of each project 
funded by the grant. 
(8) CLASSIFICATION.—Grants shall be awarded under this 
subsection only for projects that are considered to be unclassi-
fied by both the United States and Israel. 
(c) TERMINATION.—The grant program and the advisory com-
mittee established under this section terminate on the date that 
is 7 years after the date of enactment of this Act. 
(d) AUTHORIZATION OF APPROPRIATIONS.—The Secretary shall 
use amounts authorized to be appropriated under section 931 of 
the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry out 
this section. 
Subtitle B—International Clean Energy 
Foundation 
SEC. 921. DEFINITIONS. 
In this subtitle: 
(1) BOARD.—The term ‘‘Board’’ means the Board of Direc-
tors of the Foundation established pursuant to section 922(c). 
42 USC 17351. 
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121 STAT. 1733 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) CHIEF EXECUTIVE OFFICER.—The term ‘‘Chief Executive 
Officer’’ means the chief executive officer of the Foundation 
appointed pursuant to section 922(b). 
(3) FOUNDATION.—The term ‘‘Foundation’’ means the Inter-
national Clean Energy Foundation established by section 
922(a). 
SEC. 922. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—There is established in the executive 
branch a foundation to be known as the ‘‘International Clean 
Energy Foundation’’ that shall be responsible for carrying out 
the provisions of this subtitle. The Foundation shall be a 
government corporation, as defined in section 103 of title 5, 
United States Code. 
(2) BOARD OF DIRECTORS.—The Foundation shall be gov-
erned by a Board of Directors in accordance with subsection 
(c). 
(3) INTENT OF CONGRESS.—It is the intent of Congress, 
in establishing the structure of the Foundation set forth in 
this subsection, to create an entity that serves the long-term 
foreign policy and energy security goals of reducing global 
greenhouse gas emissions. 
(b) CHIEF EXECUTIVE OFFICER.— 
(1) IN GENERAL.—There shall be in the Foundation a Chief 
Executive Officer who shall be responsible for the management 
of the Foundation. 
(2) APPOINTMENT.—The Chief Executive Officer shall be 
appointed by the Board, with the advice and consent of the 
Senate, and shall be a recognized leader in clean and efficient 
energy technologies and climate change and shall have experi-
ence in energy security, business, or foreign policy, chosen 
on the basis of a rigorous search. 
(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer 
shall report to, and be under the direct authority of, the Board. 
(4) COMPENSATION AND RANK.— 
(A) IN GENERAL.—The Chief Executive Officer shall 
be compensated at the rate provided for level III of the 
Executive Schedule under section 5314 of title 5, United 
States Code. 
(B) AMENDMENT.—Section 5314 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘Chief Executive Officer, International Clean Energy Founda-
tion.’’. 
(C) AUTHORITIES
AND
DUTIES.—The Chief Executive 
Officer shall be responsible for the management of the 
Foundation and shall exercise the powers and discharge 
the duties of the Foundation. 
(D) AUTHORITY TO APPOINT OFFICERS.—In consultation 
and with approval of the Board, the Chief Executive Officer 
shall appoint all officers of the Foundation. 
(c) BOARD OF DIRECTORS.— 
(1) ESTABLISHMENT.—There shall be in the Foundation a 
Board of Directors. 
(2) DUTIES.—The Board shall perform the functions speci-
fied to be carried out by the Board in this subtitle and may 
prescribe, amend, and repeal bylaws, rules, regulations, and 
42 USC 17352. 
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121 STAT. 1734 
PUBLIC LAW 110–140—DEC. 19, 2007 
procedures governing the manner in which the business of 
the Foundation may be conducted and in which the powers 
granted to it by law may be exercised. 
(3) MEMBERSHIP.—The Board shall consist of— 
(A) the Secretary of State (or the Secretary’s designee), 
the Secretary of Energy (or the Secretary’s designee), and 
the Administrator of the United States Agency for Inter-
national Development (or the Administrator’s designee); 
and 
(B) four other individuals with relevant experience in 
matters relating to energy security (such as individuals 
who represent institutions of energy policy, business 
organizations, foreign policy organizations, or other rel-
evant organizations) who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate, 
of whom— 
(i) one individual shall be appointed from among 
a list of individuals submitted by the Majority Leader 
of the House of Representatives; 
(ii) one individual shall be appointed from among 
a list of individuals submitted by the Minority Leader 
of the House of Representatives; 
(iii) one individual shall be appointed from among 
a list of individuals submitted by the Majority Leader 
of the Senate; and 
(iv) one individual shall be appointed from among 
a list of individuals submitted by the Minority Leader 
of the Senate. 
(4) CHIEF EXECUTIVE OFFICER.—The Chief Executive Officer 
of the Foundation shall serve as a nonvoting, ex officio member 
of the Board. 
(5) TERMS.— 
(A) OFFICERS
OF
THE
FEDERAL
GOVERNMENT.—Each 
member of the Board described in paragraph (3)(A) shall 
serve for a term that is concurrent with the term of service 
of the individual’s position as an officer within the other 
Federal department or agency. 
(B) OTHER
MEMBERS.—Each member of the Board 
described in paragraph (3)(B) shall be appointed for a term 
of 3 years and may be reappointed for a term of an addi-
tional 3 years. 
(C) VACANCIES.—A vacancy in the Board shall be filled 
in the manner in which the original appointment was made. 
(D) ACTING MEMBERS.—A vacancy in the Board may 
be filled with an appointment of an acting member by 
the Chairperson of the Board for up to 1 year while a 
nominee is named and awaits confirmation in accordance 
with paragraph (3)(B). 
(6) CHAIRPERSON.—There shall be a Chairperson of the 
Board. The Secretary of State (or the Secretary’s designee) 
shall serve as the Chairperson. 
(7) QUORUM.—A majority of the members of the Board 
described in paragraph (3) shall constitute a quorum, which, 
except with respect to a meeting of the Board during the 
135-day period beginning on the date of the enactment of this 
Act, shall include at least 1 member of the Board described 
in paragraph (3)(B). 
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121 STAT. 1735 
PUBLIC LAW 110–140—DEC. 19, 2007 
(8) MEETINGS.—The Board shall meet at the call of the 
Chairperson, who shall call a meeting no less than once a 
year. 
(9) COMPENSATION.— 
(A) OFFICERS OF THE FEDERAL GOVERNMENT.— 
(i) IN GENERAL.—A member of the Board described 
in paragraph (3)(A) may not receive additional pay, 
allowances, or benefits by reason of the member’s 
service on the Board. 
(ii) TRAVEL EXPENSES.—Each such member of the 
Board shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance with applicable 
provisions under subchapter I of chapter 57 of title 
5, United States Code. 
(B) OTHER MEMBERS.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
a member of the Board described in paragraph (3)(B)— 
(I) shall be paid compensation out of funds 
made available for the purposes of this subtitle 
at the daily equivalent of the highest rate payable 
under section 5332 of title 5, United States Code, 
for each day (including travel time) during which 
the member is engaged in the actual performance 
of duties as a member of the Board; and 
(II) while away from the member’s home or 
regular place of business on necessary travel in 
the actual performance of duties as a member 
of the Board, shall be paid per diem, travel, and 
transportation expenses in the same manner as 
is provided under subchapter I of chapter 57 of 
title 5, United States Code. 
(ii) LIMITATION.—A member of the Board may not 
be paid compensation under clause (i)(II) for more than 
90 days in any calendar year. 
SEC. 923. DUTIES OF FOUNDATION. 
The Foundation shall— 
(1) use the funds authorized by this subtitle to make grants 
to promote projects outside of the United States that serve 
as models of how to significantly reduce the emissions of global 
greenhouse gases through clean and efficient energy tech-
nologies, processes, and services; 
(2) seek contributions from foreign governments, especially 
those rich in energy resources such as member countries of 
the Organization of the Petroleum Exporting Countries, and 
private organizations to supplement funds made available 
under this subtitle; 
(3) harness global expertise through collaborative partner-
ships with foreign governments and domestic and foreign pri-
vate actors, including nongovernmental organizations and pri-
vate sector companies, by leveraging public and private capital, 
technology, expertise, and services towards innovative models 
that can be instituted to reduce global greenhouse gas emis-
sions; 
(4) create a repository of information on best practices 
and lessons learned on the utilization and implementation of 
42 USC 17353. 
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121 STAT. 1736 
PUBLIC LAW 110–140—DEC. 19, 2007 
clean and efficient energy technologies and processes to be 
used for future initiatives to tackle the climate change crisis; 
(5) be committed to minimizing administrative costs and 
to maximizing the availability of funds for grants under this 
subtitle; and 
(6) promote the use of American-made clean and efficient 
energy technologies, processes, and services by giving pref-
erence to entities incorporated in the United States and whose 
technology will be substantially manufactured in the United 
States. 
SEC. 924. ANNUAL REPORT. 
(a) REPORT REQUIRED.—Not later than March 31, 2008, and 
each March 31 thereafter, the Foundation shall submit to the 
appropriate congressional committees a report on the implementa-
tion of this subtitle during the prior fiscal year. 
(b) CONTENTS.—The report required by subsection (a) shall 
include— 
(1) the total financial resources available to the Foundation 
during the year, including appropriated funds, the value and 
source of any gifts or donations accepted pursuant to section 
925(a)(6), and any other resources; 
(2) a description of the Board’s policy priorities for the 
year and the basis upon which competitive grant proposals 
were solicited and awarded to nongovernmental institutions 
and other organizations; 
(3) a list of grants made to nongovernmental institutions 
and other organizations that includes the identity of the institu-
tional recipient, the dollar amount, and the results of the pro-
gram; and 
(4) the total administrative and operating expenses of the 
Foundation for the year, as well as specific information on— 
(A) the number of Foundation employees and the cost 
of compensation for Board members, Foundation employ- 
ees, and personal service contractors; 
(B) costs associated with securing the use of real prop-
erty for carrying out the functions of the Foundation; 
(C) total travel expenses incurred by Board members 
and Foundation employees in connection with Foundation 
activities; and 
(D) total representational expenses. 
SEC. 925. POWERS OF THE FOUNDATION; RELATED PROVISIONS. 
(a) POWERS.—The Foundation— 
(1) shall have perpetual succession unless dissolved by 
a law enacted after the date of the enactment of this Act; 
(2) may adopt, alter, and use a seal, which shall be 
judicially noticed; 
(3) may make and perform such contracts, grants, and 
other agreements with any person or government however des-
ignated and wherever situated, as may be necessary for car-
rying out the functions of the Foundation; 
(4) may determine and prescribe the manner in which 
its obligations shall be incurred and its expenses allowed and 
paid, including expenses for representation; 
(5) may lease, purchase, or otherwise acquire, improve, 
and use such real property wherever situated, as may be nec-
essary for carrying out the functions of the Foundation; 
42 USC 17355. 
42 USC 17354. 
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121 STAT. 1737 
PUBLIC LAW 110–140—DEC. 19, 2007 
(6) may accept money, funds, services, or property (real, 
personal, or mixed), tangible or intangible, made available by 
gift, bequest grant, or otherwise for the purpose of carrying 
out the provisions of this title from domestic or foreign private 
individuals, charities, nongovernmental organizations, corpora-
tions, or governments; 
(7) may use the United States mails in the same manner 
and on the same conditions as the executive departments; 
(8) may contract with individuals for personal services, 
who shall not be considered Federal employees for any provision 
of law administered by the Office of Personnel Management; 
(9) may hire or obtain passenger motor vehicles; and 
(10) shall have such other powers as may be necessary 
and incident to carrying out this subtitle. 
(b) PRINCIPAL OFFICE.—The Foundation shall maintain its prin-
cipal office in the metropolitan area of Washington, District of 
Columbia. 
(c) APPLICABILITY
OF GOVERNMENT CORPORATION CONTROL 
ACT.— 
(1) IN
GENERAL.—The Foundation shall be subject to 
chapter 91 of subtitle VI of title 31, United States Code, except 
that the Foundation shall not be authorized to issue obligations 
or offer obligations to the public. 
(2) CONFORMING AMENDMENT.—Section 9101(3) of title 31, 
United States Code, is amended by adding at the end the 
following: 
‘‘(R) the International Clean Energy Foundation.’’. 
(d) INSPECTOR GENERAL.— 
(1) IN GENERAL.—The Inspector General of the Department 
of State shall serve as Inspector General of the Foundation, 
and, in acting in such capacity, may conduct reviews, investiga-
tions, and inspections of all aspects of the operations and activi-
ties of the Foundation. 
(2) AUTHORITY OF THE BOARD.—In carrying out the respon-
sibilities under this subsection, the Inspector General shall 
report to and be under the general supervision of the Board. 
(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES.— 
(A) REIMBURSEMENT.—The Foundation shall reimburse 
the Department of State for all expenses incurred by the 
Inspector General in connection with the Inspector Gen-
eral’s responsibilities under this subsection. 
(B) AUTHORIZATION
FOR
SERVICES.—Of the amount 
authorized to be appropriated under section 927(a) for a 
fiscal year, up to $500,000 is authorized to be made avail-
able to the Inspector General of the Department of State 
to conduct reviews, investigations, and inspections of oper-
ations and activities of the Foundation. 
SEC. 926. GENERAL PERSONNEL AUTHORITIES. 
(a) DETAIL OF PERSONNEL.—Upon request of the Chief Execu-
tive Officer, the head of an agency may detail any employee of 
such agency to the Foundation on a reimbursable basis. Any 
employee so detailed remains, for the purpose of preserving such 
employee’s allowances, privileges, rights, seniority, and other bene-
fits, an employee of the agency from which detailed. 
(b) REEMPLOYMENT RIGHTS.— 
42 USC 17356. 
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121 STAT. 1738 
PUBLIC LAW 110–140—DEC. 19, 2007 
(1) IN GENERAL.—An employee of an agency who is serving 
under a career or career conditional appointment (or the equiva-
lent), and who, with the consent of the head of such agency, 
transfers to the Foundation, is entitled to be reemployed in 
such employee’s former position or a position of like seniority, 
status, and pay in such agency, if such employee— 
(A) is separated from the Foundation for any reason, 
other than misconduct, neglect of duty, or malfeasance; 
and 
(B) applies for reemployment not later than 90 days 
after the date of separation from the Foundation. 
(2) SPECIFIC RIGHTS.—An employee who satisfies paragraph 
(1) is entitled to be reemployed (in accordance with such para-
graph) within 30 days after applying for reemployment and, 
on reemployment, is entitled to at least the rate of basic pay 
to which such employee would have been entitled had such 
employee never transferred. 
(c) HIRING AUTHORITY.—Of persons employed by the Founda-
tion, no more than 30 persons may be appointed, compensated, 
or removed without regard to the civil service laws and regulations. 
(d) BASIC PAY.—The Chief Executive Officer may fix the rate 
of basic pay of employees of the Foundation without regard to 
the provisions of chapter 51 of title 5, United States Code (relating 
to the classification of positions), subchapter III of chapter 53 of 
such title (relating to General Schedule pay rates), except that 
no employee of the Foundation may receive a rate of basic pay 
that exceeds the rate for level IV of the Executive Schedule under 
section 5315 of such title. 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘agency’’ means an executive agency, as 
defined by section 105 of title 5, United States Code; and 
(2) the term ‘‘detail’’ means the assignment or loan of 
an employee, without a change of position, from the agency 
by which such employee is employed to the Foundation. 
SEC. 927. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sub-
title, there are authorized to be appropriated $20,000,000 for each 
of the fiscal years 2009 through 2013. 
(b) ALLOCATION OF FUNDS.— 
(1) IN GENERAL.—The Foundation may allocate or transfer 
to any agency of the United States Government any of the 
funds available for carrying out this subtitle. Such funds shall 
be available for obligation and expenditure for the purposes 
for which the funds were authorized, in accordance with 
authority granted in this subtitle or under authority governing 
the activities of the United States Government agency to which 
such funds are allocated or transferred. 
(2) NOTIFICATION.—The Foundation shall notify the appro-
priate congressional committees not less than 15 days prior 
to an allocation or transfer of funds pursuant to paragraph 
(1). 
Deadline. 
42 USC 17357. 
Deadline. 
Deadline. 
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121 STAT. 1739 
PUBLIC LAW 110–140—DEC. 19, 2007 
Subtitle C—Miscellaneous Provisions 
SEC. 931. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPART-
MENT OF STATE. 
(a) STATE
DEPARTMENT
COORDINATOR
FOR
INTERNATIONAL 
ENERGY AFFAIRS.— 
(1) IN
GENERAL.—The Secretary of State should ensure 
that energy security is integrated into the core mission of 
the Department of State. 
(2) COORDINATOR FOR INTERNATIONAL ENERGY AFFAIRS.— 
There is established within the Office of the Secretary of State 
a Coordinator for International Energy Affairs, who shall be 
responsible for— 
(A) representing the Secretary of State in interagency 
efforts to develop the international energy policy of the 
United States; 
(B) ensuring that analyses of the national security 
implications of global energy and environmental develop-
ments are reflected in the decision making process within 
the Department of State; 
(C) incorporating energy security priorities into the 
activities of the Department of State; 
(D) coordinating energy activities of the Department 
of State with relevant Federal agencies; and 
(E) coordinating energy security and other relevant 
functions within the Department of State currently under-
taken by offices within— 
(i) the Bureau of Economic, Energy and Business 
Affairs; 
(ii) the Bureau of Oceans and International 
Environmental and Scientific Affairs; and 
(iii) other offices within the Department of State. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as may be necessary to 
carry out this subsection. 
(b) ENERGY EXPERTS IN KEY EMBASSIES.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of State shall submit a report to the Committee on Foreign Relations 
of the Senate and the Committee on Foreign Affairs of the House 
of Representatives that includes— 
(1) a description of the Department of State personnel 
who are dedicated to energy matters and are stationed at 
embassies and consulates in countries that are major energy 
producers or consumers; 
(2) an analysis of the need for Federal energy specialist 
personnel in United States embassies and other United States 
diplomatic missions; and 
(3) recommendations for increasing energy expertise within 
United States embassies among foreign service officers and 
options for assigning to such embassies energy attache
´s from 
the National Laboratories or other agencies within the Depart-
ment of Energy. 
(c) ENERGY ADVISORS.—The Secretary of Energy may make 
appropriate arrangements with the Secretary of State to assign 
personnel from the Department of Energy or the National Labora-
tories of the Department of Energy to serve as dedicated advisors 
Deadline. 
Reports. 
42 USC 17371. 
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121 STAT. 1740 
PUBLIC LAW 110–140—DEC. 19, 2007 
on energy matters in embassies of the United States or other 
United States diplomatic missions. 
(d) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, and every 2 years thereafter for the following 
20 years, the Secretary of State shall submit a report to the Com-
mittee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representatives that describes— 
(1) the energy-related activities being conducted by the 
Department of State, including activities within— 
(A) the Bureau of Economic, Energy and Business 
Affairs; 
(B) the Bureau of Oceans and Environmental and Sci-
entific Affairs; and 
(C) other offices within the Department of State; 
(2) the amount of funds spent on each activity within 
each office described in paragraph (1); and 
(3) the number and qualification of personnel in each 
embassy (or relevant foreign posting) of the United States 
whose work is dedicated exclusively to energy matters. 
SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION. 
Section 101(a) of the National Security Act of 1947 (50 U.S.C. 
402(a)) is amended— 
(1) by redesignating paragraphs (5), (6), and (7) as para-
graphs (6), (7), and (8), respectively; and 
(2) by inserting after paragraph (4) the following: 
‘‘(5) the Secretary of Energy;’’. 
SEC. 933. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT. 
(a) REPORTS.— 
(1) IN GENERAL.—Subject to paragraph (2), on the date 
on which the President submits to Congress the budget for 
the following fiscal year under section 1105 of title 31, United 
States Code, the President shall submit to Congress a com-
prehensive report on the national energy security of the United 
States. 
(2) NEW PRESIDENTS.—In addition to the reports required 
under paragraph (1), the President shall submit a comprehen-
sive report on the national energy security of the United States 
by not later than 150 days after the date on which the President 
assumes the office of President after a presidential election. 
(b) CONTENTS.—Each report under this section shall describe 
the national energy security strategy of the United States, including 
a comprehensive description of— 
(1) the worldwide interests, goals, and objectives of the 
United States that are vital to the national energy security 
of the United States; 
(2) the foreign policy, worldwide commitments, and national 
defense capabilities of the United States necessary— 
(A) to deter political manipulation of world energy 
resources; and 
(B) to implement the national energy security strategy 
of the United States; 
(3) the proposed short-term and long-term uses of the polit-
ical, economic, military, and other authorities of the United 
States— 
(A) to protect or promote energy security; and 
President. 
42 USC 17372. 
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121 STAT. 1741 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) to achieve the goals and objectives described in 
paragraph (1); 
(4) the adequacy of the capabilities of the United States 
to protect the national energy security of the United States, 
including an evaluation of the balance among the capabilities 
of all elements of the national authority of the United States 
to support the implementation of the national energy security 
strategy; and 
(5) such other information as the President determines 
to be necessary to inform Congress on matters relating to 
the national energy security of the United States. 
(c) CLASSIFIED AND UNCLASSIFIED FORM.—Each national energy 
security strategy report shall be submitted to Congress in— 
(1) a classified form; and 
(2) an unclassified form. 
SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR 
NUCLEAR DAMAGE CONTINGENT COST ALLOCATION. 
(a) FINDINGS AND PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) section 170 of the Atomic Energy Act of 1954 (42 
U.S.C. 2210) (commonly known as the ‘‘Price-Anderson 
Act’’)— 
(i) provides a predictable legal framework nec-
essary for nuclear projects; and 
(ii) ensures prompt and equitable compensation 
in the event of a nuclear incident in the United States; 
(B) the Price-Anderson Act, in effect, provides operators 
of nuclear powerplants with insurance for damage arising 
out of a nuclear incident and funds the insurance primarily 
through the assessment of a retrospective premium from 
each operator after the occurrence of a nuclear incident; 
(C) the Convention on Supplementary Compensation 
for Nuclear Damage, done at Vienna on September 12, 
1997, will establish a global system— 
(i) to provide a predictable legal framework nec-
essary for nuclear energy projects; and 
(ii) to ensure prompt and equitable compensation 
in the event of a nuclear incident; 
(D) the Convention benefits United States nuclear sup-
pliers that face potentially unlimited liability for nuclear 
incidents that are not covered by the Price-Anderson Act 
by replacing a potentially open-ended liability with a 
predictable liability regime that, in effect, provides nuclear 
suppliers with insurance for damage arising out of such 
an incident; 
(E) the Convention also benefits United States nuclear 
facility operators that may be publicly liable for a Price- 
Anderson incident by providing an additional early source 
of funds to compensate damage arising out of the Price- 
Anderson incident; 
(F) the combined operation of the Convention, the 
Price-Anderson Act, and this section will augment the 
quantity of assured funds available for victims in a wider 
variety of nuclear incidents while reducing the potential 
liability of United States suppliers without increasing 
potential costs to United States operators; 
42 USC 17373. 
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121 STAT. 1742 
PUBLIC LAW 110–140—DEC. 19, 2007 
(G) the cost of those benefits is the obligation of the 
United States to contribute to the supplementary com-
pensation fund established by the Convention; 
(H) any such contribution should be funded in a 
manner that does not— 
(i) upset settled expectations based on the liability 
regime established under the Price-Anderson Act; or 
(ii) shift to Federal taxpayers liability risks for 
nuclear incidents at foreign installations; 
(I) with respect to a Price-Anderson incident, funds 
already available under the Price-Anderson Act should be 
used; and 
(J) with respect to a nuclear incident outside the 
United States not covered by the Price-Anderson Act, a 
retrospective premium should be prorated among nuclear 
suppliers relieved from potential liability for which insur-
ance is not available. 
(2) PURPOSE.—The purpose of this section is to allocate 
the contingent costs associated with participation by the United 
States in the international nuclear liability compensation 
system established by the Convention on Supplementary Com-
pensation for Nuclear Damage, done at Vienna on September 
12, 1997— 
(A) with respect to a Price-Anderson incident, by using 
funds made available under section 170 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210) to cover the contingent 
costs in a manner that neither increases the burdens nor 
decreases the benefits under section 170 of that Act; and 
(B) with respect to a covered incident outside the 
United States that is not a Price-Anderson incident, by 
allocating the contingent costs equitably, on the basis of 
risk, among the class of nuclear suppliers relieved by the 
Convention from the risk of potential liability resulting 
from any covered incident outside the United States. 
(b) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ means the 
Nuclear Regulatory Commission. 
(2) CONTINGENT COST.—The term ‘‘contingent cost’’ means 
the cost to the United States in the event of a covered incident 
the amount of which is equal to the amount of funds the 
United States is obligated to make available under paragraph 
1(b) of Article III of the Convention. 
(3) CONVENTION.—The term ‘‘Convention’’ means the 
Convention on Supplementary Compensation for Nuclear Dam-
age, done at Vienna on September 12, 1997. 
(4) COVERED INCIDENT.—The term ‘‘covered incident’’ means 
a nuclear incident the occurrence of which results in a request 
for funds pursuant to Article VII of the Convention. 
(5) COVERED INSTALLATION.—The term ‘‘covered installa-
tion’’ means a nuclear installation at which the occurrence 
of a nuclear incident could result in a request for funds under 
Article VII of the Convention. 
(6) COVERED PERSON.— 
(A) IN GENERAL.—The term ‘‘covered person’’ means— 
(i) a United States person; and 
(ii) an individual or entity (including an agency 
or instrumentality of a foreign country) that— 
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121 STAT. 1743 
PUBLIC LAW 110–140—DEC. 19, 2007 
(I) is located in the United States; or 
(II) carries out an activity in the United 
States. 
(B) EXCLUSIONS.—The term ‘‘covered person’’ does not 
include— 
(i) the United States; or 
(ii) any agency or instrumentality of the United 
States. 
(7) NUCLEAR
SUPPLIER.—The term ‘‘nuclear supplier’’ 
means a covered person (or a successor in interest of a covered 
person) that— 
(A) supplies facilities, equipment, fuel, services, or tech-
nology pertaining to the design, construction, operation, 
or decommissioning of a covered installation; or 
(B) transports nuclear materials that could result in 
a covered incident. 
(8) PRICE-ANDERSON INCIDENT.—The term ‘‘Price-Anderson 
incident’’ means a covered incident for which section 170 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make 
funds available to compensate for public liability (as defined 
in section 11 of that Act (42 U.S.C. 2014)). 
(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
(10) UNITED STATES.— 
(A) IN GENERAL.—The term ‘‘United States’’ has the 
meaning given the term in section 11 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014). 
(B) INCLUSIONS.—The term ‘‘United States’’ includes— 
(i) the Commonwealth of Puerto Rico; 
(ii) any other territory or possession of the United 
States; 
(iii) the Canal Zone; and 
(iv) the waters of the United States territorial 
sea under Presidential Proclamation Number 5928, 
dated December 27, 1988 (43 U.S.C. 1331 note). 
(11) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ means— 
(A) any individual who is a resident, national, or citizen 
of the United States (other than an individual residing 
outside of the United States and employed by a person 
who is not a United States person); and 
(B) any corporation, partnership, association, joint 
stock company, business trust, unincorporated organiza-
tion, or sole proprietorship that is organized under the 
laws of the United States. 
(c) USE OF PRICE-ANDERSON FUNDS.— 
(1) IN GENERAL.—Funds made available under section 170 
of the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be 
used to cover the contingent cost resulting from any Price- 
Anderson incident. 
(2) EFFECT.—The use of funds pursuant to paragraph (1) 
shall not reduce the limitation on public liability established 
under section 170 e. of the Atomic Energy Act of 1954 (42 
U.S.C. 2210(e)). 
(d) EFFECT ON AMOUNT OF PUBLIC LIABILITY.— 
(1) IN
GENERAL.—Funds made available to the United 
States under Article VII of the Convention with respect to 
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121 STAT. 1744 
PUBLIC LAW 110–140—DEC. 19, 2007 
a Price-Anderson incident shall be used to satisfy public liability 
resulting from the Price-Anderson incident. 
(2) AMOUNT.—The amount of public liability allowable 
under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 
2210) relating to a Price-Anderson incident under paragraph 
(1) shall be increased by an amount equal to the difference 
between— 
(A) the amount of funds made available for the Price- 
Anderson incident under Article VII of the Convention; 
and 
(B) the amount of funds used under subsection (c) 
to cover the contingent cost resulting from the Price-Ander-
son incident. 
(e) RETROSPECTIVE RISK POOLING PROGRAM.— 
(1) IN GENERAL.—Except as provided under paragraph (2), 
each nuclear supplier shall participate in a retrospective risk 
pooling program in accordance with this section to cover the 
contingent cost resulting from a covered incident outside the 
United States that is not a Price-Anderson incident. 
(2) DEFERRED PAYMENT.— 
(A) IN GENERAL.—The obligation of a nuclear supplier 
to participate in the retrospective risk pooling program 
shall be deferred until the United States is called on to 
provide funds pursuant to Article VII of the Convention 
with respect to a covered incident that is not a Price- 
Anderson incident. 
(B) AMOUNT OF DEFERRED PAYMENT.—The amount of 
a deferred payment of a nuclear supplier under subpara-
graph (A) shall be based on the risk-informed assessment 
formula determined under subparagraph (C). 
(C) RISK-INFORMED ASSESSMENT FORMULA.— 
(i) IN GENERAL.—Not later than 3 years after the 
date of the enactment of this Act, and every 5 years 
thereafter, the Secretary shall, by regulation, deter-
mine the risk-informed assessment formula for the 
allocation among nuclear suppliers of the contingent 
cost resulting from a covered incident that is not a 
Price-Anderson incident, taking into account risk fac-
tors such as— 
(I) the nature and intended purpose of the 
goods and services supplied by each nuclear sup-
plier to each covered installation outside the 
United States; 
(II) the quantity of the goods and services 
supplied by each nuclear supplier to each covered 
installation outside the United States; 
(III) the hazards associated with the supplied 
goods and services if the goods and services fail 
to achieve the intended purposes; 
(IV) the hazards associated with the covered 
installation outside the United States to which 
the goods and services are supplied; 
(V) the legal, regulatory, and financial infra-
structure associated with the covered installation 
outside the United States to which the goods and 
services are supplied; and 
Deadline. 
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121 STAT. 1745 
PUBLIC LAW 110–140—DEC. 19, 2007 
(VI) the hazards associated with particular 
forms of transportation. 
(ii) FACTORS FOR CONSIDERATION.—In determining 
the formula, the Secretary may— 
(I) exclude— 
(aa) goods and services with negligible 
risk; 
(bb) classes of goods and services not 
intended specifically for use in a nuclear 
installation; 
(cc) a nuclear supplier with a de minimis 
share of the contingent cost; and 
(dd) a nuclear supplier no longer in exist-
ence for which there is no identifiable suc-
cessor; and 
(II) establish the period on which the risk 
assessment is based. 
(iii) APPLICATION.—In applying the formula, the 
Secretary shall not consider any covered installation 
or transportation for which funds would be available 
under section 170 of the Atomic Energy Act of 1954 
(42 U.S.C. 2210). 
(iv) REPORT.—Not later than 5 years after the 
date of the enactment of this Act, and every 5 years 
thereafter, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and 
the Committee on Energy and Commerce of the House 
of Representatives, a report on whether there is a 
need for continuation or amendment of this section, 
taking into account the effects of the implementation 
of the Convention on the United States nuclear 
industry and suppliers. 
(f) REPORTING.— 
(1) COLLECTION OF INFORMATION.— 
(A) IN GENERAL.—The Secretary may collect informa-
tion necessary for developing and implementing the for-
mula for calculating the deferred payment of a nuclear 
supplier under subsection (e)(2). 
(B) PROVISION
OF
INFORMATION.—Each nuclear sup-
plier and other appropriate persons shall make available 
to the Secretary such information, reports, records, docu-
ments, and other data as the Secretary determines, by 
regulation, to be necessary or appropriate to develop and 
implement the formula under subsection (e)(2)(C). 
(2) PRIVATE INSURANCE.—The Secretary shall make avail-
able to nuclear suppliers, and insurers of nuclear suppliers, 
information to support the voluntary establishment and mainte-
nance of private insurance against any risk for which nuclear 
suppliers may be required to pay deferred payments under 
this section. 
(g) EFFECT ON LIABILITY.—Nothing in any other law (including 
regulations) limits liability for a covered incident to an amount 
equal to less than the amount prescribed in paragraph 1(a) of 
Article IV of the Convention, unless the law— 
(1) specifically refers to this section; and 
(2) explicitly repeals, alters, amends, modifies, impairs, 
displaces, or supersedes the effect of this subsection. 
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121 STAT. 1746 
PUBLIC LAW 110–140—DEC. 19, 2007 
(h) PAYMENTS TO AND BY THE UNITED STATES.— 
(1) ACTION BY NUCLEAR SUPPLIERS.— 
(A) NOTIFICATION.—In the case of a request for funds 
under Article VII of the Convention resulting from a cov-
ered incident that is not a Price-Anderson incident, the 
Secretary shall notify each nuclear supplier of the amount 
of the deferred payment required to be made by the nuclear 
supplier. 
(B) PAYMENTS.— 
(i) IN GENERAL.—Except as provided under clause 
(ii), not later than 60 days after receipt of a notification 
under subparagraph (A), a nuclear supplier shall pay 
to the general fund of the Treasury the deferred pay-
ment of the nuclear supplier required under subpara-
graph (A). 
(ii) ANNUAL PAYMENTS.—A nuclear supplier may 
elect to prorate payment of the deferred payment 
required under subparagraph (A) in 5 equal annual 
payments (including interest on the unpaid balance 
at the prime rate prevailing at the time the first pay-
ment is due). 
(C) VOUCHERS.—A nuclear supplier shall submit pay-
ment certification vouchers to the Secretary of the Treasury 
in accordance with section 3325 of title 31, United States 
Code. 
(2) USE OF FUNDS.— 
(A) IN
GENERAL.—Amounts paid into the Treasury 
under paragraph (1) shall be available to the Secretary 
of the Treasury, without further appropriation and without 
fiscal year limitation, for the purpose of making the con-
tributions of public funds required to be made by the United 
States under the Convention. 
(B) ACTION
BY
SECRETARY
OF
TREASURY.—The Sec-
retary of the Treasury shall pay the contribution required 
under the Convention to the court of competent jurisdiction 
under Article XIII of the Convention with respect to the 
applicable covered incident. 
(3) FAILURE TO PAY.—If a nuclear supplier fails to make 
a payment required under this subsection, the Secretary may 
take appropriate action to recover from the nuclear supplier— 
(A) the amount of the payment due from the nuclear 
supplier; 
(B) any applicable interest on the payment; and 
(C) a penalty of not more than twice the amount of 
the deferred payment due from the nuclear supplier. 
(i) LIMITATION ON JUDICIAL REVIEW; CAUSE OF ACTION.— 
(1) LIMITATION ON JUDICIAL REVIEW.— 
(A) IN
GENERAL.—In any civil action arising under 
the Convention over which Article XIII of the Convention 
grants jurisdiction to the courts of the United States, any 
appeal or review by writ of mandamus or otherwise with 
respect to a nuclear incident that is not a Price-Anderson 
incident shall be in accordance with chapter 83 of title 
28, United States Code, except that the appeal or review 
shall occur in the United States Court of Appeals for the 
District of Columbia Circuit. 
Deadline. 
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121 STAT. 1747 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) SUPREME
COURT
JURISDICTION.—Nothing in this 
paragraph affects the jurisdiction of the Supreme Court 
of the United States under chapter 81 of title 28, United 
States Code. 
(2) CAUSE OF ACTION.— 
(A) IN GENERAL.—Subject to subparagraph (B), in any 
civil action arising under the Convention over which Article 
XIII of the Convention grants jurisdiction to the courts 
of the United States, in addition to any other cause of 
action that may exist, an individual or entity shall have 
a cause of action against the operator to recover for nuclear 
damage suffered by the individual or entity. 
(B) REQUIREMENT.—Subparagraph (A) shall apply only 
if the individual or entity seeks a remedy for nuclear dam-
age (as defined in Article I of the Convention) that was 
caused by a nuclear incident (as defined in Article I of 
the Convention) that is not a Price-Anderson incident. 
(C) SAVINGS
PROVISION.—Nothing in this paragraph 
may be construed to limit, modify, extinguish, or otherwise 
affect any cause of action that would have existed in the 
absence of enactment of this paragraph. 
(j) RIGHT OF RECOURSE.—This section does not provide to an 
operator of a covered installation any right of recourse under the 
Convention. 
(k) PROTECTION OF SENSITIVE UNITED STATES INFORMATION.— 
Nothing in the Convention or this section requires the disclosure 
of— 
(1) any data that, at any time, was Restricted Data (as 
defined in section 11 of the Atomic Energy Act of 1954 (42 
U.S.C. 2014)); 
(2) information relating to intelligence sources or methods 
protected by section 102A(i) of the National Security Act of 
1947 (50 U.S.C. 403–1(i)); or 
(3) national security information classified under Executive 
Order 12958 (50 U.S.C. 435 note; relating to classified national 
security information) (or a successor Executive Order or regula-
tion). 
(l) REGULATIONS.— 
(1) IN
GENERAL.—The Secretary or the Commission, as 
appropriate, may prescribe regulations to carry out section 
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and 
this section. 
(2) REQUIREMENT.—Rules prescribed under this subsection 
shall ensure, to the maximum extent practicable, that— 
(A) the implementation of section 170 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210) and this section is 
consistent and equitable; and 
(B) the financial and operational burden on a Commis-
sion licensee in complying with section 170 of that Act 
is not greater as a result of the enactment of this section. 
(3) APPLICABILITY OF PROVISION.—Section 553 of title 5, 
United States Code, shall apply with respect to the promulga-
tion of regulations under this subsection. 
(4) EFFECT OF SUBSECTION.—The authority provided under 
this subsection is in addition to, and does not impair or other-
wise affect, any other authority of the Secretary or the Commis-
sion to prescribe regulations. 
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121 STAT. 1748 
PUBLIC LAW 110–140—DEC. 19, 2007 
(m) EFFECTIVE DATE.—This section shall take effect on the 
date of the enactment of this Act. 
SEC. 935. TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE 
PAYMENTS. 
(a) PURPOSE.—The purpose of this section is to— 
(1) ensure greater United States energy security by com-
bating corruption in the governments of foreign countries that 
receive revenues from the sale of their natural resources; and 
(2) enhance the development of democracy and increase 
political and economic stability in such resource rich foreign 
countries. 
(b) STATEMENT
OF POLICY.—It is the policy of the United 
States— 
(1) to increase energy security by promoting anti-corruption 
initiatives in oil and natural gas rich countries; and 
(2) to promote global energy security through promotion 
of programs such as the Extractive Industries Transparency 
Initiative (EITI) that seek to instill transparency and account-
ability into extractive industries resource payments. 
(c) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should further global energy security and promote 
democratic development in resource-rich foreign countries by— 
(1) encouraging further participation in the EITI by eligible 
countries and companies; and 
(2) promoting the efficacy of the EITI program by ensuring 
a robust and candid review mechanism. 
(d) REPORT.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary of State, in consultation with the Secretary of 
Energy, shall submit to the appropriate congressional commit-
tees a report on progress made in promoting transparency 
in extractive industries resource payments. 
(2) MATTERS
TO
BE
INCLUDED.—The report required by 
paragraph (1) shall include a detailed description of United 
States participation in the EITI, bilateral and multilateral dip-
lomatic efforts to further participation in the EITI, and other 
United States initiatives to strengthen energy security, deter 
energy kleptocracy, and promote transparency in the extractive 
industries. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $3,000,000 for the purposes of United States 
contributions to the Multi-Donor Trust Fund of the EITI. 
TITLE X—GREEN JOBS 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Green Jobs Act of 2007’’. 
SEC. 1002. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER 
TRAINING PROGRAM. 
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 
2916) is amended by adding at the end the following: 
‘‘(e) ENERGY EFFICIENCY
AND RENEWABLE ENERGY WORKER 
TRAINING PROGRAM.— 
‘‘(1) GRANT PROGRAM.— 
29 USC 2801 
note. 
Green Jobs Act 
of 2007. 
42 USC 17374. 
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121 STAT. 1749 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(A) IN GENERAL.—Not later than 6 months after the 
date of enactment of the Green Jobs Act of 2007, the 
Secretary, in consultation with the Secretary of Energy, 
shall establish an energy efficiency and renewable energy 
worker training program under which the Secretary shall 
carry out the activities described in paragraph (2) to 
achieve the purposes of this subsection. 
‘‘(B) ELIGIBILITY.—For purposes of providing assistance 
and services under the program established under this 
subsection— 
‘‘(i) target populations of eligible individuals to 
be given priority for training and other services shall 
include— 
‘‘(I) workers impacted by national energy and 
environmental policy; 
‘‘(II) individuals in need of updated training 
related to the energy efficiency and renewable 
energy industries; 
‘‘(III) veterans, or past and present members 
of reserve components of the Armed Forces; 
‘‘(IV) unemployed individuals; 
‘‘(V) individuals, including at-risk youth, 
seeking employment pathways out of poverty and 
into economic self-sufficiency; and 
‘‘(VI) formerly incarcerated, adjudicated, non-
violent offenders; and 
‘‘(ii) energy efficiency and renewable energy indus-
tries eligible to participate in a program under this 
subsection include— 
‘‘(I) the energy-efficient building, construction, 
and retrofits industries; 
‘‘(II) the renewable electric power industry; 
‘‘(III) the energy efficient and advanced drive 
train vehicle industry; 
‘‘(IV) the biofuels industry; 
‘‘(V) the deconstruction and materials use 
industries; 
‘‘(VI) the energy efficiency assessment industry 
serving the residential, commercial, or industrial 
sectors; and 
‘‘(VII) manufacturers that produce sustainable 
products using environmentally sustainable proc-
esses and materials. 
‘‘(2) ACTIVITIES.— 
‘‘(A) NATIONAL RESEARCH PROGRAM.—Under the pro-
gram established under paragraph (1), the Secretary, acting 
through the Bureau of Labor Statistics, where appropriate, 
shall collect and analyze labor market data to track 
workforce trends resulting from energy-related initiatives 
carried out under this subsection. Activities carried out 
under this paragraph shall include— 
‘‘(i) tracking and documentation of academic and 
occupational competencies as well as future skill needs 
with respect to renewable energy and energy efficiency 
technology; 
Deadline. 
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121 STAT. 1750 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(ii) tracking and documentation of occupational 
information and workforce training data with respect 
to renewable energy and energy efficiency technology; 
‘‘(iii) collaborating with State agencies, workforce 
investments boards, industry, organized labor, and 
community and nonprofit organizations to disseminate 
information on successful innovations for labor market 
services and worker training with respect to renewable 
energy and energy efficiency technology; 
‘‘(iv) serving as a clearinghouse for best practices 
in workforce development, job placement, and collabo-
rative training partnerships; 
‘‘(v) encouraging the establishment of workforce 
training initiatives with respect to renewable energy 
and energy efficiency technologies; 
‘‘(vi) linking research and development in renew-
able energy and energy efficiency technology with the 
development of standards and curricula for current 
and future jobs; 
‘‘(vii) assessing new employment and work prac-
tices including career ladder and upgrade training as 
well as high performance work systems; and 
‘‘(viii) providing technical assistance and capacity 
building to national and State energy partnerships, 
including industry and labor representatives. 
‘‘(B) 
NATIONAL
ENERGY
TRAINING
PARTNERSHIP 
GRANTS.— 
‘‘(i) IN GENERAL.—Under the program established 
under paragraph (1), the Secretary shall award 
National Energy Training Partnerships Grants on a 
competitive basis to eligible entities to enable such 
entities to carry out training that leads to economic 
self-sufficiency and to develop an energy efficiency and 
renewable energy industries workforce. Grants shall 
be awarded under this subparagraph so as to ensure 
geographic diversity with at least 2 grants awarded 
to entities located in each of the 4 Petroleum Adminis-
tration for Defense Districts with no subdistricts, and 
at least 1 grant awarded to an entity located in each 
of the subdistricts of the Petroleum Administration 
for Defense District with subdistricts. 
‘‘(ii) ELIGIBILITY.—To be eligible to receive a grant 
under clause (i), an entity shall be a nonprofit partner-
ship that— 
‘‘(I) 
includes 
the 
equal 
participation 
of 
industry, including public or private employers, 
and labor organizations, including joint labor- 
management training programs, and may include 
workforce investment boards, community-based 
organizations, qualified service and conservation 
corps, educational institutions, small businesses, 
cooperatives, State and local veterans agencies, 
and veterans service organizations; and 
‘‘(II) demonstrates— 
‘‘(aa) experience in implementing and 
operating worker skills training and education 
programs; 
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121 STAT. 1751 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(bb) the ability to identify and involve 
in training programs carried out under this 
grant, target populations of individuals who 
would benefit from training and be actively 
involved in activities related to energy effi-
ciency and renewable energy industries; and 
‘‘(cc) the ability to help individuals achieve 
economic self-sufficiency. 
‘‘(iii) PRIORITY.—Priority shall be given to partner-
ships which leverage additional public and private 
resources to fund training programs, including cash 
or in-kind matches from participating employers. 
‘‘(C) STATE
LABOR
MARKET
RESEARCH, INFORMATION, 
AND LABOR EXCHANGE RESEARCH PROGRAM.— 
‘‘(i) IN GENERAL.—Under the program established 
under paragraph (1), the Secretary shall award 
competitive grants to States to enable such States to 
administer labor market and labor exchange informa-
tion programs that include the implementation of the 
activities described in clause (ii), in coordination with 
the one-stop delivery system. 
‘‘(ii) ACTIVITIES.—A State shall use amounts 
awarded under a grant under this subparagraph to 
provide funding to the State agency that administers 
the Wagner-Peyser Act and State unemployment com-
pensation programs to carry out the following activities 
using State agency merit staff: 
‘‘(I) The identification of job openings in the 
renewable energy and energy efficiency sector. 
‘‘(II) The administration of skill and aptitude 
testing and assessment for workers. 
‘‘(III) The counseling, case management, and 
referral of qualified job seekers to openings and 
training programs, including energy efficiency and 
renewable energy training programs. 
‘‘(D) STATE ENERGY TRAINING PARTNERSHIP PROGRAM.— 
‘‘(i) IN GENERAL.—Under the program established 
under paragraph (1), the Secretary shall award 
competitive grants to States to enable such States to 
administer renewable energy and energy efficiency 
workforce development programs that include the 
implementation of the activities described in clause 
(ii). 
‘‘(ii) PARTNERSHIPS.—A State shall use amounts 
awarded under a grant under this subparagraph to 
award competitive grants to eligible State Energy 
Sector Partnerships to enable such Partnerships to 
coordinate with existing apprenticeship and labor 
management 
training 
programs 
and 
implement 
training programs that lead to the economic self-suffi-
ciency of trainees. 
‘‘(iii) ELIGIBILITY.—To be eligible to receive a grant 
under this subparagraph, a State Energy Sector Part-
nership shall— 
‘‘(I) consist of nonprofit organizations that 
include 
equal 
participation 
from 
industry, 
including public or private nonprofit employers, 
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121 STAT. 1752 
PUBLIC LAW 110–140—DEC. 19, 2007 
and labor organizations, including joint labor- 
management training programs, and may include 
representatives 
from 
local 
governments, 
the 
workforce investment system, including one-stop 
career centers, community based organizations, 
qualified service and conservation corps, commu-
nity colleges, and other post-secondary institutions, 
small businesses, cooperatives, State and local vet-
erans agencies, and veterans service organizations; 
‘‘(II) demonstrate experience in implementing 
and operating worker skills training and education 
programs; and 
‘‘(III) demonstrate the ability to identify and 
involve in training programs, target populations 
of workers who would benefit from training and 
be actively involved in activities related to energy 
efficiency and renewable energy industries. 
‘‘(iv) PRIORITY.—In awarding grants under this 
subparagraph, the Secretary shall give priority to 
States that demonstrate that activities under the 
grant— 
‘‘(I) meet national energy policies associated 
with energy efficiency, renewable energy, and the 
reduction of emissions of greenhouse gases; 
‘‘(II) meet State energy policies associated with 
energy efficiency, renewable energy, and the reduc-
tion of emissions of greenhouse gases; and 
‘‘(III) leverage additional public and private 
resources to fund training programs, including 
cash 
or 
in-kind 
matches 
from 
participating 
employers. 
‘‘(v) 
COORDINATION.—A 
grantee 
under 
this 
subparagraph shall coordinate activities carried out 
under the grant with existing other appropriate 
training programs, including apprenticeship and labor 
management training programs, including such activi-
ties referenced in paragraph (3)(A), and implement 
training programs that lead to the economic self-suffi-
ciency of trainees. 
‘‘(E) PATHWAYS OUT OF POVERTY DEMONSTRATION PRO-
GRAM.— 
‘‘(i) IN GENERAL.—Under the program established 
under paragraph (1), the Secretary shall award 
competitive grants of sufficient size to eligible entities 
to enable such entities to carry out training that leads 
to economic self-sufficiency. The Secretary shall give 
priority to entities that serve individuals in families 
with income of less than 200 percent of the sufficiency 
standard for the local areas where the training is con-
ducted that specifies, as defined by the State, or where 
such standard is not established, the income needs 
of families, by family size, the number and ages of 
children in the family, and sub-State geographical 
considerations. Grants shall be awarded to ensure 
geographic diversity. 
‘‘(ii) ELIGIBLE ENTITIES.—To be eligible to receive 
a grant an entity shall be a partnership that— 
Grants. 
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121 STAT. 1753 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(I) 
includes 
community-based 
nonprofit 
organizations, educational institutions with exper-
tise in serving low-income adults or youth, public 
or private employers from the industry sectors 
described in paragraph (1)(B)(ii), and labor 
organizations 
representing 
workers 
in 
such 
industry sectors; 
‘‘(II) demonstrates a record of successful 
experience in implementing and operating worker 
skills training and education programs; 
‘‘(III) coordinates activities, where appropriate, 
with the workforce investment system; and 
‘‘(IV) demonstrates the ability to recruit 
individuals for training and to support such 
individuals to successful completion in training 
programs carried out under this grant, targeting 
populations of workers who are or will be engaged 
in activities related to energy efficiency and renew-
able energy industries. 
‘‘(iii) PRIORITIES.—In awarding grants under this 
paragraph, the Secretary shall give priority to 
applicants that— 
‘‘(I) target programs to benefit low-income 
workers, unemployed youth and adults, high school 
dropouts, or other underserved sectors of the 
workforce within areas of high poverty; 
‘‘(II) ensure that supportive services are 
integrated with education and training, and deliv-
ered by organizations with direct access to and 
experience with targeted populations; 
‘‘(III) leverage additional public and private 
resources to fund training programs, including 
cash 
or 
in-kind 
matches 
from 
participating 
employers; 
‘‘(IV) involve employers and labor organiza-
tions in the determination of relevant skills and 
competencies and ensure that the certificates or 
credentials that result from the training are 
employer-recognized; 
‘‘(V) deliver courses at alternative times (such 
as evening and weekend programs) and locations 
most convenient and accessible to participants and 
link adult remedial education with occupational 
skills training; and 
‘‘(VI) demonstrate substantial experience in 
administering local, municipal, State, Federal, 
foundation, or private entity grants. 
‘‘(iv) DATA COLLECTION.—Grantees shall collect and 
report the following information: 
‘‘(I) The number of participants. 
‘‘(II) 
The 
demographic 
characteristics 
of 
participants, including race, gender, age, parenting 
status, participation in other Federal programs, 
education and literacy level at entry, significant 
barriers to employment (such as limited English 
proficiency, criminal record, addiction or mental 
Reports. 
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121 STAT. 1754 
PUBLIC LAW 110–140—DEC. 19, 2007 
health problem requiring treatment, or mental dis-
ability). 
‘‘(III) The services received by participants, 
including training, education, and supportive serv-
ices. 
‘‘(IV) The amount of program spending per 
participant. 
‘‘(V) Program completion rates. 
‘‘(VI) Factors determined as significantly inter-
fering with program participation or completion. 
‘‘(VII) The rate of job placement and the rate 
of employment retention after 1 year. 
‘‘(VIII) The average wage at placement, 
including any benefits, and the rate of average 
wage increase after 1 year. 
‘‘(IX) Any post-employment supportive services 
provided. 
The Secretary shall assist grantees in the collection 
of data under this clause by making available, where 
practicable, low-cost means of tracking the labor 
market outcomes of participants, and by providing 
standardized reporting forms, where appropriate. 
‘‘(3) ACTIVITIES.— 
‘‘(A) IN GENERAL.—Activities to be carried out under 
a program authorized by subparagraph (B), (D), or (E) 
of paragraph (2) shall be coordinated with existing systems 
or providers, as appropriate. Such activities may include— 
‘‘(i) occupational skills training, including cur-
riculum development, on-the-job training, and class-
room training; 
‘‘(ii) safety and health training; 
‘‘(iii) the provision of basic skills, literacy, GED, 
English as a second language, and job readiness 
training; 
‘‘(iv) individual referral and tuition assistance for 
a community college training program, or any training 
program leading to an industry-recognized certificate; 
‘‘(v) internship programs in fields related to energy 
efficiency and renewable energy; 
‘‘(vi) customized training in conjunction with an 
existing registered apprenticeship program or labor- 
management partnership; 
‘‘(vii) incumbent worker and career ladder training 
and skill upgrading and retraining; 
‘‘(viii) the implementation of transitional jobs 
strategies; and 
‘‘(ix) the provision of supportive services. 
‘‘(B) OUTREACH ACTIVITIES.—In addition to the activi-
ties authorized under subparagraph (A), activities author-
ized for programs under subparagraph (E) of paragraph 
(2) may include the provision of outreach, recruitment, 
career guidance, and case management services. 
‘‘(4) 
WORKER
PROTECTIONS
AND
NONDISCRIMINATION 
REQUIREMENTS.— 
‘‘(A) APPLICATION OF WIA.—The provisions of sections 
181 and 188 of the Workforce Investment Act of 1998 
Applicability. 
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121 STAT. 1755 
PUBLIC LAW 110–140—DEC. 19, 2007 
(29 U.S.C. 2931 and 2938) shall apply to all programs 
carried out with assistance under this subsection. 
‘‘(B) CONSULTATION WITH LABOR ORGANIZATIONS.—If a 
labor organization represents a substantial number of 
workers who are engaged in similar work or training in 
an area that is the same as the area that is proposed 
to be funded under this Act, the labor organization shall 
be provided an opportunity to be consulted and to submit 
comments in regard to such a proposal. 
‘‘(5) PERFORMANCE MEASURES.— 
‘‘(A) IN GENERAL.—The Secretary shall negotiate and 
reach agreement with the eligible entities that receive 
grants and assistance under this section on performance 
measures for the indicators of performance referred to in 
subparagraphs (A) and (B) of section 136(b)(2) that will 
be used to evaluate the performance of the eligible entity 
in carrying out the activities described in subsection (e)(2). 
Each performance measure shall consist of such an indi-
cator of performance, and a performance level referred 
to in subparagraph (B). 
‘‘(B) PERFORMANCE LEVELS.—The Secretary shall nego-
tiate and reach agreement with the eligible entity regarding 
the levels of performance expected to be achieved by the 
eligible entity on the indicators of performance. 
‘‘(6) REPORT.— 
‘‘(A) STATUS REPORT.—Not later than 18 months after 
the date of enactment of the Green Jobs Act of 2007, 
the Secretary shall transmit a report to the Senate Com-
mittee on Energy and Natural Resources, the Senate Com-
mittee on Health, Education, Labor, and Pensions, the 
House Committee on Education and Labor, and the House 
Committee on Energy and Commerce on the training pro-
gram established by this subsection. The report shall 
include a description of the entities receiving funding and 
the activities carried out by such entities. 
‘‘(B) EVALUATION.—Not later than 3 years after the 
date of enactment of such Act, the Secretary shall transmit 
to the Senate Committee on Energy and Natural Resources, 
the Senate Committee on Health, Education, Labor, and 
Pensions, the House Committee on Education and Labor, 
and the House Committee on Energy and Commerce an 
assessment of such program and an evaluation of the activi-
ties carried out by entities receiving funding from such 
program. 
‘‘(7) DEFINITION.—As used in this subsection, the term 
‘renewable energy’ has the meaning given such term in section 
203(b)(2) of the Energy Policy Act of 2005 (Public Law 109– 
58). 
‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection, 
$125,000,000 for each fiscal year, of which— 
‘‘(A) not to exceed 20 percent of the amount appro-
priated in each such fiscal year shall be made available 
for, and shall be equally divided between, national labor 
market research and information under paragraph (2)(A) 
and State labor market information and labor exchange 
research under paragraph (2)(C), and not more than 2 
Deadline. 
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121 STAT. 1756 
PUBLIC LAW 110–140—DEC. 19, 2007 
percent of such amount shall be for the evaluation and 
report required under paragraph (4); 
‘‘(B) 20 percent shall be dedicated to Pathways Out 
of Poverty Demonstration Programs under paragraph 
(2)(E); and 
‘‘(C) the remainder shall be divided equally between 
National Energy Partnership Training Grants under para-
graph (2)(B) and State energy training partnership grants 
under paragraph (2)(D).’’. 
TITLE XI—ENERGY TRANSPORTATION 
AND INFRASTRUCTURE 
Subtitle A—Department of Transportation 
SEC. 1101. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT. 
(a) IN GENERAL.—Section 102 of title 49, United States Code, 
is amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following: 
‘‘(g) OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.— 
‘‘(1) ESTABLISHMENT.—There is established in the Depart-
ment an Office of Climate Change and Environment to plan, 
coordinate, and implement— 
‘‘(A) department-wide research, strategies, and actions 
under the Department’s statutory authority to reduce 
transportation-related energy use and mitigate the effects 
of climate change; and 
‘‘(B) department-wide research strategies and actions 
to address the impacts of climate change on transportation 
systems and infrastructure. 
‘‘(2) CLEARINGHOUSE.—The Office shall establish a clearing-
house of solutions, including cost-effective congestion reduction 
approaches, to reduce air pollution and transportation-related 
energy use and mitigate the effects of climate change.’’. 
(b) COORDINATION.—The Office of Climate Change and Environ-
ment of the Department of Transportation shall coordinate its 
activities with the United States Global Change Research Program. 
(c) TRANSPORTATION SYSTEM’S IMPACT
ON CLIMATE CHANGE 
AND FUEL EFFICIENCY.— 
(1) STUDY.—The Office of Climate Change and Environ-
ment, in coordination with the Environmental Protection 
Agency and in consultation with the United States Global 
Change Research Program, shall conduct a study to examine 
the impact of the Nation’s transportation system on climate 
change and the fuel efficiency savings and clean air impacts 
of major transportation projects, to identify solutions to reduce 
air pollution and transportation-related energy use and mitigate 
the effects of climate change, and to examine the potential 
fuel savings that could result from changes in the current 
transportation system and through the use of intelligent 
transportation systems that help businesses and consumers 
to plan their travel and avoid delays, including Web-based 
real-time transit information systems, congestion information 
49 USC 102 note. 
Establishment. 
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121 STAT. 1757 
PUBLIC LAW 110–140—DEC. 19, 2007 
systems, carpool information systems, parking information sys-
tems, freight route management systems, and traffic manage-
ment systems. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation, in coordina-
tion with the Administrator of the Environmental Protection 
Agency, shall transmit to the Committee on Transportation 
and Infrastructure and the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation and the Committee 
on Environment and Public Works of the Senate a report that 
contains the results of the study required under this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Transportation for the Office 
of Climate Change and Environment to carry out its duties under 
section 102(g) of title 49, United States Code (as amended by 
this Act), such sums as may be necessary for fiscal years 2008 
through 2011. 
Subtitle B—Railroads 
SEC. 1111. ADVANCED TECHNOLOGY LOCOMOTIVE GRANT PILOT PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Transportation, in consulta-
tion with the Administrator of the Environmental Protection 
Agency, shall establish and carry out a pilot program for making 
grants to railroad carriers (as defined in section 20102 of title 
49, United States Code) and State and local governments— 
(1) for assistance in purchasing hybrid or other energy- 
efficient locomotives, including hybrid switch and generator- 
set locomotives; and 
(2) to demonstrate the extent to which such locomotives 
increase fuel economy, reduce emissions, and lower costs of 
operation. 
(b) LIMITATION.—Notwithstanding subsection (a), no grant 
under this section may be used to fund the costs of emissions 
reductions that are mandated under Federal law. 
(c) GRANT CRITERIA.—In selecting applicants for grants under 
this section, the Secretary of Transportation shall consider— 
(1) the level of energy efficiency that would be achieved 
by the proposed project; 
(2) the extent to which the proposed project would assist 
in commercial deployment of hybrid or other energy-efficient 
locomotive technologies; 
(3) the extent to which the proposed project complements 
other private or governmental partnership efforts to improve 
air quality or fuel efficiency in a particular area; and 
(4) the extent to which the applicant demonstrates innova-
tive strategies and a financial commitment to increasing energy 
efficiency and reducing greenhouse gas emissions of its railroad 
operations. 
(d) COMPETITIVE GRANT SELECTION PROCESS.— 
(1) APPLICATIONS.—A railroad carrier or State or local 
government seeking a grant under this section shall submit 
for approval by the Secretary of Transportation an application 
42 USC 16101 
note. 
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121 STAT. 1758 
PUBLIC LAW 110–140—DEC. 19, 2007 
for the grant containing such information as the Secretary 
of Transportation may require. 
(2) COMPETITIVE SELECTION.—The Secretary of Transpor-
tation shall conduct a national solicitation for applications for 
grants under this section and shall select grantees on a competi-
tive basis. 
(e) FEDERAL SHARE.—The Federal share of the cost of a project 
under this section shall not exceed 80 percent of the project cost. 
(f) REPORT.—Not later than 3 years after the date of enactment 
of this Act, the Secretary of Transportation shall submit to Congress 
a report on the results of the pilot program carried out under 
this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary of Transportation $10,000,000 
for each of the fiscal years 2008 through 2011 to carry out this 
section. Such funds shall remain available until expended. 
SEC. 1112. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS. 
(a) AMENDMENT.—Chapter 223 of title 49, United States Code, 
is amended to read as follows: 
‘‘CHAPTER 223—CAPITAL GRANTS FOR CLASS II AND 
CLASS III RAILROADS 
‘‘Sec. 
‘‘22301. Capital grants for class II and class III railroads. 
‘‘§ 22301. Capital grants for class II and class III railroads 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Transportation 
shall establish a program for making capital grants to class 
II and class III railroads. Such grants shall be for projects 
in the public interest that— 
‘‘(A)(i) rehabilitate, preserve, or improve railroad track 
(including roadbed, bridges, and related track structures) 
used primarily for freight transportation; 
‘‘(ii) facilitate the continued or greater use of railroad 
transportation for freight shipments; and 
‘‘(iii) reduce the use of less fuel efficient modes of 
transportation in the transportation of such shipments; 
and 
‘‘(B) demonstrate innovative technologies and advanced 
research and development that increase fuel economy, 
reduce greenhouse gas emissions, and lower the costs of 
operation. 
‘‘(2) PROVISION OF GRANTS.—Grants may be provided under 
this chapter— 
‘‘(A) directly to the class II or class III railroad; or 
‘‘(B) with the concurrence of the class II or class III 
railroad, to a State or local government. 
‘‘(3) STATE COOPERATION.—Class II and class III railroad 
applicants for a grant under this chapter are encouraged to 
utilize the expertise and assistance of State transportation 
agencies in applying for and administering such grants. State 
transportation agencies are encouraged to provide such exper-
tise and assistance to such railroads. 
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121 STAT. 1759 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(4) REGULATIONS.—Not later than October 1, 2008, the 
Secretary shall issue final regulations to implement the pro-
gram under this section. 
‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum Federal share 
for carrying out a project under this section shall be 80 percent 
of the project cost. The non-Federal share may be provided by 
any non-Federal source in cash, equipment, or supplies. Other 
in-kind contributions may be approved by the Secretary on a case- 
by-case basis consistent with this chapter. 
‘‘(c) USE OF FUNDS.—Grants provided under this section shall 
be used to implement track capital projects as soon as possible. 
In no event shall grant funds be contractually obligated for a 
project later than the end of the third Federal fiscal year following 
the year in which the grant was awarded. Any funds not so obligated 
by the end of such fiscal year shall be returned to the Secretary 
for reallocation. 
‘‘(d) EMPLOYEE PROTECTION.—The Secretary shall require as 
a condition of any grant made under this section that the recipient 
railroad provide a fair arrangement at least as protective of the 
interests of employees who are affected by the project to be funded 
with the grant as the terms imposed under section 11326(a), as 
in effect on the date of the enactment of this chapter. 
‘‘(e) LABOR STANDARDS.— 
‘‘(1) PREVAILING WAGES.—The Secretary shall ensure that 
laborers and mechanics employed by contractors and sub-
contractors in construction work financed by a grant made 
under this section will be paid wages not less than those 
prevailing on similar construction in the locality, as determined 
by the Secretary of Labor under subchapter IV of chapter 
31 of title 40 (commonly known as the ‘Davis-Bacon Act’). 
The Secretary shall make a grant under this section only after 
being assured that required labor standards will be maintained 
on the construction work. 
‘‘(2) WAGE RATES.—Wage rates in a collective bargaining 
agreement negotiated under the Railway Labor Act (45 U.S.C. 
151 et seq.) are deemed for purposes of this subsection to 
comply with the subchapter IV of chapter 31 of title 40. 
‘‘(f) STUDY.—The Secretary shall conduct a study of the projects 
carried out with grant assistance under this section to determine 
the extent to which the program helps promote a reduction in 
fuel use associated with the transportation of freight and dem-
onstrates innovative technologies that increase fuel economy, reduce 
greenhouse gas emissions, and lower the costs of operation. Not 
later than March 31, 2009, the Secretary shall submit a report 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the study, including any rec-
ommendations the Secretary considers appropriate regarding the 
program. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary $50,000,000 for each of fiscal 
years 2008 through 2011 for carrying out this section.’’. 
(b) CLERICAL AMENDMENT.—The item relating to chapter 223 
in the table of chapters of subtitle V of title 49, United States 
Code, is amended to read as follows: 
‘‘223. CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS ........22301’’. 
Deadline. 
Reports. 
Deadline. 
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121 STAT. 1760 
PUBLIC LAW 110–140—DEC. 19, 2007 
Subtitle C—Marine Transportation 
SEC. 1121. SHORT SEA TRANSPORTATION INITIATIVE. 
(a) IN GENERAL.—Title 46, United States Code, is amended 
by adding after chapter 555 the following: 
‘‘CHAPTER 556—SHORT SEA TRANSPORTATION 
‘‘Sec. 55601. Short sea transportation program. 
‘‘Sec. 55602. Cargo and shippers. 
‘‘Sec. 55603. Interagency coordination. 
‘‘Sec. 55604. Research on short sea transportation. 
‘‘Sec. 55605. Short sea transportation defined. 
‘‘§ 55601. Short sea transportation program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall 
establish a short sea transportation program and designate short 
sea transportation projects to be conducted under the program 
to mitigate landside congestion. 
‘‘(b) PROGRAM ELEMENTS.—The program shall encourage the 
use of short sea transportation through the development and expan-
sion of— 
‘‘(1) documented vessels; 
‘‘(2) shipper utilization; 
‘‘(3) port and landside infrastructure; and 
‘‘(4) marine transportation strategies by State and local 
governments. 
‘‘(c) SHORT SEA TRANSPORTATION ROUTES.—The Secretary shall 
designate short sea transportation routes as extensions of the sur-
face transportation system to focus public and private efforts to 
use the waterways to relieve landside congestion along coastal 
corridors. The Secretary may collect and disseminate data for the 
designation and delineation of short sea transportation routes. 
‘‘(d) PROJECT DESIGNATION.—The Secretary may designate a 
project to be a short sea transportation project if the Secretary 
determines that the project may— 
‘‘(1) offer a waterborne alternative to available landside 
transportation services using documented vessels; and 
‘‘(2) provide transportation services for passengers or 
freight (or both) that may reduce congestion on landside infra-
structure using documented vessels. 
‘‘(e) ELEMENTS OF PROGRAM.—For a short sea transportation 
project designated under this section, the Secretary may— 
‘‘(1) promote the development of short sea transportation 
services; 
‘‘(2) coordinate, with ports, State departments of transpor-
tation, localities, other public agencies, and the private sector 
and on the development of landside facilities and infrastructure 
to support short sea transportation services; and 
‘‘(3) develop performance measures for the short sea 
transportation program. 
‘‘(f) MULTISTATE, STATE AND REGIONAL TRANSPORTATION PLAN-
NING.—The Secretary, in consultation with Federal entities and 
State and local governments, shall develop strategies to encourage 
the use of short sea transportation for transportation of passengers 
and cargo. The Secretary shall— 
Designation. 
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121 STAT. 1761 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(1) assess the extent to which States and local govern-
ments include short sea transportation and other marine 
transportation solutions in their transportation planning; 
‘‘(2) encourage State departments of transportation to 
develop strategies, where appropriate, to incorporate short sea 
transportation, ferries, and other marine transportation solu-
tions for regional and interstate transport of freight and pas-
sengers in their transportation planning; and 
‘‘(3) encourage groups of States and multi-State transpor-
tation entities to determine how short sea transportation can 
address congestion, bottlenecks, and other interstate transpor-
tation challenges. 
‘‘§ 55602. Cargo and shippers 
‘‘(a) 
MEMORANDUMS
OF
AGREEMENT.—The 
Secretary 
of 
Transportation shall enter into memorandums of understanding 
with the heads of other Federal entities to transport federally 
owned or generated cargo using a short sea transportation project 
designated under section 55601 when practical or available. 
‘‘(b) SHORT-TERM INCENTIVES.—The Secretary shall consult 
shippers and other participants in transportation logistics and 
develop proposals for short-term incentives to encourage the use 
of short sea transportation. 
‘‘§ 55603. Interagency coordination 
‘‘The Secretary of Transportation shall establish a board to 
identify and seek solutions to impediments hindering effective use 
of short sea transportation. The board shall include representatives 
of the Environmental Protection Agency and other Federal, State, 
and local governmental entities and private sector entities. 
‘‘§ 55604. Research on short sea transportation 
‘‘The Secretary of Transportation, in consultation with the 
Administrator of the Environmental Protection Agency, may conduct 
research on short sea transportation, regarding— 
‘‘(1) the environmental and transportation benefits to be 
derived from short sea transportation alternatives for other 
forms of transportation; 
‘‘(2) technology, vessel design, and other improvements that 
would reduce emissions, increase fuel economy, and lower costs 
of short sea transportation and increase the efficiency of inter-
modal transfers; and 
‘‘(3) solutions to impediments to short sea transportation 
projects designated under section 55601. 
‘‘§ 55605. Short sea transportation defined 
‘‘In this chapter, the term ‘short sea transportation’ means 
the carriage by vessel of cargo— 
‘‘(1) that is— 
‘‘(A) contained in intermodal cargo containers and 
loaded by crane on the vessel; or 
‘‘(B) loaded on the vessel by means of wheeled tech-
nology; and 
‘‘(2) that is— 
‘‘(A) loaded at a port in the United States and unloaded 
either at another port in the United States or at a port 
Establishment. 
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121 STAT. 1762 
PUBLIC LAW 110–140—DEC. 19, 2007 
in Canada located in the Great Lakes Saint Lawrence 
Seaway System; or 
‘‘(B) loaded at a port in Canada located in the Great 
Lakes Saint Lawrence Seaway System and unloaded at 
a port in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters at the begin-
ning of subtitle V of such title is amended by inserting after the 
item relating to chapter 555 the following: 
‘‘556. Short Sea Transportation .......................................................................
55601’’. 
(c) REGULATIONS.— 
(1) INTERIM REGULATIONS.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Transpor-
tation shall issue temporary regulations to implement the pro-
gram under this section. Subchapter II of chapter 5 of title 
5, United States Code, does not apply to a temporary regulation 
issued under this paragraph or to an amendment to such a 
temporary regulation. 
(2) FINAL REGULATIONS.—Not later than October 1, 2008, 
the Secretary of Transportation shall issue final regulations 
to implement the program under this section. 
SEC. 
1122. 
SHORT 
SEA 
SHIPPING 
ELIGIBILITY 
FOR 
CAPITAL 
CONSTRUCTION FUND. 
(a) DEFINITION OF QUALIFIED VESSEL.—Section 53501 of title 
46, United States Code, is amended— 
(1) in paragraph (5)(A)(iii) by striking ‘‘or noncontiguous 
domestic’’ and inserting ‘‘noncontiguous domestic, or short sea 
transportation trade’’; and 
(2) by inserting after paragraph (6) the following: 
‘‘(7) SHORT SEA TRANSPORTATION TRADE.—The term ‘short 
sea transportation trade’ means the carriage by vessel of 
cargo— 
‘‘(A) that is— 
‘‘(i) contained in intermodal cargo containers and 
loaded by crane on the vessel; or 
‘‘(ii) loaded on the vessel by means of wheeled 
technology; and 
‘‘(B) that is— 
‘‘(i) loaded at a port in the United States and 
unloaded either at another port in the United States 
or at a port in Canada located in the Great Lakes 
Saint Lawrence Seaway System; or 
‘‘(ii) loaded at a port in Canada located in the 
Great Lakes Saint Lawrence Seaway System and 
unloaded at a port in the United States.’’. 
(b) ALLOWABLE PURPOSE.—Section 53503(b) of such title is 
amended by striking ‘‘or noncontiguous domestic trade’’ and 
inserting ‘‘noncontiguous domestic, or short sea transportation 
trade’’. 
SEC. 1123. SHORT SEA TRANSPORTATION REPORT. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation, in consultation with the 
Administrator of the Environmental Protection Agency, shall submit 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Deadlines. 
46 USC 55601 
note. 
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121 STAT. 1763 
PUBLIC LAW 110–140—DEC. 19, 2007 
Transportation of the Senate a report on the short sea transpor-
tation program established under the amendments made by section 
1121. The report shall include a description of the activities con-
ducted under the program, and any recommendations for further 
legislative or administrative action that the Secretary of Transpor-
tation considers appropriate. 
Subtitle D—Highways 
SEC. 1131. INCREASED FEDERAL SHARE FOR CMAQ PROJECTS. 
Section 120(c) of title 23, United States Code, is amended— 
(1) in the subsection heading by striking ‘‘FOR CERTAIN 
SAFETY PROJECTS’’; 
(2) by striking ‘‘The Federal share’’ and inserting the fol-
lowing: 
‘‘(1) CERTAIN SAFETY PROJECTS.—The Federal share’’; and 
(3) by adding at the end the following: 
‘‘(2) CMAQ PROJECTS.—The Federal share payable on 
account of a project or program carried out under section 149 
with funds obligated in fiscal year 2008 or 2009, or both, 
shall be not less than 80 percent and, at the discretion of 
the State, may be up to 100 percent of the cost thereof.’’. 
SEC. 1132. DISTRIBUTION OF RESCISSIONS. 
(a) IN GENERAL.—Any unobligated balances of amounts that 
are appropriated from the Highway Trust Fund for a fiscal year, 
and apportioned under chapter 1 of title 23, United States Code, 
before, on, or after the date of enactment of this Act and that 
are rescinded in fiscal year 2008 or fiscal year 2009 shall be distrib-
uted by the Secretary of Transportation within each State (as 
defined in section 101 of such title) among all programs for which 
funds are apportioned under such chapter for such fiscal year, 
to the extent sufficient funds remain available for obligation, in 
the ratio that the amount of funds apportioned for each program 
under such chapter for such fiscal year, bears to the amount of 
funds apportioned for all such programs under such chapter for 
such fiscal year. 
(b) ADJUSTMENTS.—A State may make adjustments to the dis-
tribution of a rescission within the State for a fiscal year under 
subsection (a) by transferring the amounts to be rescinded among 
the programs for which funds are apportioned under chapter 1 
of title 23, United States Code, for such fiscal year, except that 
in making such adjustments the State may not rescind from any 
such program more than 110 percent of the funds to be rescinded 
from the program for the fiscal year as determined by the Secretary 
of Transportation under subsection (a). 
(c) TREATMENT OF TRANSPORTATION ENHANCEMENT SET-ASIDE 
AND FUNDS SUBALLOCATED TO SUBSTATE AREAS.—Funds set aside 
under sections 133(d)(2) and 133(d)(3) of title 23, United States 
Code, shall be treated as being apportioned under chapter 1 of 
such title for purposes of subsection (a). 
SEC. 1133. SENSE OF CONGRESS REGARDING USE OF COMPLETE 
STREETS DESIGN TECHNIQUES. 
It is the sense of Congress that in constructing new roadways 
or rehabilitating existing facilities, State and local governments 
should consider policies designed to accommodate all users, 
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121 STAT. 1764 
PUBLIC LAW 110–140—DEC. 19, 2007 
including motorists, pedestrians, cyclists, transit riders, and people 
of all ages and abilities, in order to— 
(1) serve all surface transportation users by creating a 
more interconnected and intermodal system; 
(2) create more viable transportation options; and 
(3) facilitate the use of environmentally friendly options, 
such as public transportation, walking, and bicycling. 
TITLE XII—SMALL BUSINESS ENERGY 
PROGRAMS 
SEC. 1201. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY 
EFFICIENCY. 
Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) 
is amended by adding at the end the following: 
‘‘(F) EXPRESS
LOANS
FOR
RENEWABLE
ENERGY
AND 
ENERGY EFFICIENCY.— 
‘‘(i) DEFINITIONS.—In this subparagraph— 
‘‘(I) the term ‘biomass’— 
‘‘(aa) means any organic material that is 
available on a renewable or recurring basis, 
including— 
‘‘(AA) agricultural crops; 
‘‘(BB) trees grown for energy produc-
tion; 
‘‘(CC) wood waste and wood residues; 
‘‘(DD) plants (including aquatic plants 
and grasses); 
‘‘(EE) residues; 
‘‘(FF) fibers; 
‘‘(GG) animal wastes and other waste 
materials; and 
‘‘(HH) 
fats, 
oils, 
and 
greases 
(including recycled fats, oils, and greases); 
and 
‘‘(bb) does not include— 
‘‘(AA) 
paper 
that 
is 
commonly 
recycled; or 
‘‘(BB) unsegregated solid waste; 
‘‘(II) the term ‘energy efficiency project’ means 
the installation or upgrading of equipment that 
results in a significant reduction in energy usage; 
and 
‘‘(III) the term ‘renewable energy system’ 
means a system of energy derived from— 
‘‘(aa) a wind, solar, biomass (including bio-
diesel), or geothermal source; or 
‘‘(bb) hydrogen derived from biomass or 
water using an energy source described in item 
(aa). 
‘‘(ii) LOANS.—The Administrator may make a loan 
under the Express Loan Program for the purpose of— 
‘‘(I) purchasing a renewable energy system; 
or 
‘‘(II) carrying out an energy efficiency project 
for a small business concern.’’. 
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121 STAT. 1765 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 1202. PILOT PROGRAM FOR REDUCED 7(a) FEES FOR PURCHASE 
OF ENERGY EFFICIENT TECHNOLOGIES. 
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
amended by adding at the end the following: 
‘‘(32) LOANS FOR ENERGY EFFICIENT TECHNOLOGIES.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘cost’ has the meaning given that 
term in section 502 of the Federal Credit Reform Act 
of 1990 (2 U.S.C. 661a); 
‘‘(ii) the term ‘covered energy efficiency loan’ means 
a loan— 
‘‘(I) made under this subsection; and 
‘‘(II) the proceeds of which are used to pur-
chase energy efficient designs, equipment, or fix-
tures, or to reduce the energy consumption of the 
borrower by 10 percent or more; and 
‘‘(iii) the term ‘pilot program’ means the pilot pro-
gram established under subparagraph (B) 
‘‘(B) ESTABLISHMENT.—The Administrator shall estab-
lish and carry out a pilot program under which the 
Administrator shall reduce the fees for covered energy effi-
ciency loans. 
‘‘(C) DURATION.—The pilot program shall terminate at 
the end of the second full fiscal year after the date that 
the Administrator establishes the pilot program. 
‘‘(D) MAXIMUM PARTICIPATION.—A covered energy effi-
ciency loan shall include the maximum participation levels 
by the Administrator permitted for loans made under this 
subsection. 
‘‘(E) FEES.— 
‘‘(i) IN
GENERAL.—The fee on a covered energy 
efficiency loan shall be equal to 50 percent of the 
fee otherwise applicable to that loan under paragraph 
(18). 
‘‘(ii) WAIVER.—The Administrator may waive 
clause (i) for a fiscal year if— 
‘‘(I) for the fiscal year before that fiscal year, 
the annual rate of default of covered energy effi-
ciency loans exceeds that of loans made under 
this subsection that are not covered energy effi-
ciency loans; 
‘‘(II) the cost to the Administration of making 
loans under this subsection is greater than zero 
and such cost is directly attributable to the cost 
of making covered energy efficiency loans; and 
‘‘(III) 
no 
additional 
sources 
of 
revenue 
authority are available to reduce the cost of 
making loans under this subsection to zero. 
‘‘(iii) EFFECT
OF
WAIVER.—If the Administrator 
waives the reduction of fees under clause (ii), the 
Administrator— 
‘‘(I) shall not assess or collect fees in an 
amount greater than necessary to ensure that the 
cost of the program under this subsection is not 
greater than zero; and 
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121 STAT. 1766 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(II) shall reinstate the fee reductions under 
clause (i) when the conditions in clause (ii) no 
longer apply. 
‘‘(iv) NO INCREASE OF FEES.—The Administrator 
shall not increase the fees under paragraph (18) on 
loans made under this subsection that are not covered 
energy efficiency loans as a direct result of the pilot 
program. 
‘‘(F) GAO REPORT.— 
‘‘(i) IN GENERAL.—Not later than 1 year after the 
date that the pilot program terminates, the Comp-
troller General of the United States shall submit to 
the Committee on Small Business of the House of 
Representatives and the Committee on Small Business 
and Entrepreneurship of the Senate a report on the 
pilot program. 
‘‘(ii) CONTENTS.—The report submitted under 
clause (i) shall include— 
‘‘(I) the number of covered energy efficiency 
loans for which fees were reduced under the pilot 
program; 
‘‘(II) a description of the energy efficiency 
savings with the pilot program; 
‘‘(III) a description of the impact of the pilot 
program on the program under this subsection; 
‘‘(IV) an evaluation of the efficacy and poten-
tial fraud and abuse of the pilot program; and 
‘‘(V) recommendations for improving the pilot 
program.’’. 
SEC. 1203. SMALL BUSINESS ENERGY EFFICIENCY. 
(a) DEFINITIONS.—In this section— 
(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean 
the Small Business Administration and the Administrator 
thereof, respectively; 
(2) the term ‘‘association’’ means the association of small 
business development centers established under section 
21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)); 
(3) the term ‘‘disability’’ has the meaning given that term 
in section 3 of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12102); 
(4) the term ‘‘Efficiency Program’’ means the Small Busi-
ness Energy Efficiency Program established under subsection 
(c)(1); 
(5) the term ‘‘electric utility’’ has the meaning given that 
term in section 3 of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2602); 
(6) the term ‘‘high performance green building’’ has the 
meaning given that term in section 401; 
(7) the term ‘‘on-bill financing’’ means a low interest or 
no interest financing agreement between a small business con-
cern and an electric utility for the purchase or installation 
of equipment, under which the regularly scheduled payment 
of that small business concern to that electric utility is not 
reduced by the amount of the reduction in cost attributable 
to the new equipment and that amount is credited to the 
15 USC 657h. 
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121 STAT. 1767 
PUBLIC LAW 110–140—DEC. 19, 2007 
electric utility, until the cost of the purchase or installation 
is repaid; 
(8) the term ‘‘small business concern’’ has the same 
meaning as in section 3 of the Small Business Act (15 U.S.C. 
632); 
(9) the term ‘‘small business development center’’ means 
a small business development center described in section 21 
of the Small Business Act (15 U.S.C. 648); 
(10) the term ‘‘telecommuting’’ means the use of tele-
communications to perform work functions under circumstances 
which reduce or eliminate the need to commute; 
(11) the term ‘‘Telecommuting Pilot Program’’ means the 
pilot program established under subsection (d)(1)(A); and 
(12) the term ‘‘veteran’’ has the meaning given that term 
in section 101 of title 38, United States Code. 
(b) IMPLEMENTATION OF SMALL BUSINESS ENERGY EFFICIENCY 
PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall promulgate 
final rules establishing the Government-wide program author-
ized under subsection (d) of section 337 of the Energy Policy 
and Conservation Act (42 U.S.C. 6307) that ensure compliance 
with that subsection by not later than 6 months after such 
date of enactment. 
(2) PROGRAM REQUIRED.—The Administrator shall develop 
and coordinate a Government-wide program, building on the 
Energy Star for Small Business program, to assist small busi-
ness concerns in— 
(A) becoming more energy efficient; 
(B) understanding the cost savings from improved 
energy efficiency; and 
(C) identifying financing options for energy efficiency 
upgrades. 
(3) 
CONSULTATION
AND
COOPERATION.—The 
program 
required by paragraph (2) shall be developed and coordinated— 
(A) in consultation with the Secretary of Energy and 
the Administrator of the Environmental Protection Agency; 
and 
(B) in cooperation with any entities the Administrator 
considers appropriate, such as industry trade associations, 
industry members, and energy efficiency organizations. 
(4) AVAILABILITY
OF
INFORMATION.—The Administrator 
shall make available the information and materials developed 
under the program required by paragraph (2) to— 
(A) small business concerns, including smaller design, 
engineering, and construction firms; and 
(B) other Federal programs for energy efficiency, such 
as the Energy Star for Small Business program. 
(5) STRATEGY AND REPORT.— 
(A) STRATEGY
REQUIRED.—The Administrator shall 
develop a strategy to educate, encourage, and assist small 
business concerns in adopting energy efficient building fix-
tures and equipment. 
(B) REPORT.—Not later than December 31, 2008, the 
Administrator shall submit to Congress a report containing 
a plan to implement the strategy developed under subpara-
graph (A). 
Deadlines. 
Regulations. 
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121 STAT. 1768 
PUBLIC LAW 110–140—DEC. 19, 2007 
(c) SMALL BUSINESS SUSTAINABILITY INITIATIVE.— 
(1) AUTHORITY.—The Administrator shall establish a Small 
Business Energy Efficiency Program to provide energy efficiency 
assistance to small business concerns through small business 
development centers. 
(2) SMALL BUSINESS DEVELOPMENT CENTERS.— 
(A) IN GENERAL.—In carrying out the Efficiency Pro-
gram, the Administrator shall enter into agreements with 
small business development centers under which such cen-
ters shall— 
(i) provide access to information and resources on 
energy efficiency practices, including on-bill financing 
options; 
(ii) conduct training and educational activities; 
(iii) offer confidential, free, one-on-one, in-depth 
energy audits to the owners and operators of small 
business concerns regarding energy efficiency practices; 
(iv) give referrals to certified professionals and 
other providers of energy efficiency assistance who 
meet such standards for educational, technical, and 
professional competency as the Administrator shall 
establish; 
(v) to the extent not inconsistent with controlling 
State public utility regulations, act as a facilitator 
between small business concerns, electric utilities, 
lenders, and the Administration to facilitate on-bill 
financing arrangements; 
(vi) provide necessary support to small business 
concerns to— 
(I) evaluate energy efficiency opportunities and 
opportunities to design or construct high perform-
ance green buildings; 
(II) evaluate renewable energy sources, such 
as the use of solar and small wind to supplement 
power consumption; 
(III) secure financing to achieve energy effi-
ciency or to design or construct high performance 
green buildings; and 
(IV) implement energy efficiency projects; 
(vii) assist owners of small business concerns with 
the development and commercialization of clean tech-
nology products, goods, services, and processes that 
use renewable energy sources, dramatically reduce the 
use of natural resources, and cut or eliminate green-
house gas emissions through— 
(I) technology assessment; 
(II) intellectual property; 
(III) Small Business Innovation Research 
submissions under section 9 of the Small Business 
Act (15 U.S.C. 638); 
(IV) strategic alliances; 
(V) business model development; and 
(VI) preparation for investors; and 
(viii) help small business concerns improve 
environmental performance by shifting to less haz-
ardous materials and reducing waste and emissions, 
including by providing assistance for small business 
Contracts. 
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121 STAT. 1769 
PUBLIC LAW 110–140—DEC. 19, 2007 
concerns to adapt the materials they use, the processes 
they operate, and the products and services they 
produce. 
(B) REPORTS.—Each small business development center 
participating in the Efficiency Program shall submit to 
the Administrator and the Administrator of the Environ-
mental Protection Agency an annual report that includes— 
(i) a summary of the energy efficiency assistance 
provided by that center under the Efficiency Program; 
(ii) the number of small business concerns assisted 
by that center under the Efficiency Program; 
(iii) statistics on the total amount of energy saved 
as a result of assistance provided by that center under 
the Efficiency Program; and 
(iv) any additional information determined nec-
essary by the Administrator, in consultation with the 
association. 
(C) REPORTS TO CONGRESS.—Not later than 60 days 
after the date on which all reports under subparagraph 
(B) relating to a year are submitted, the Administrator 
shall submit to the Committee on Small Business and 
Entrepreneurship of the Senate and the Committee on 
Small Business of the House of Representatives a report 
summarizing the information regarding the Efficiency Pro-
gram submitted by small business development centers 
participating in that program. 
(3) ELIGIBILITY.—A small business development center 
shall be eligible to participate in the Efficiency Program only 
if that center is certified under section 21(k)(2) of the Small 
Business Act (15 U.S.C. 648(k)(2)). 
(4) SELECTION OF PARTICIPATING STATE PROGRAMS.—From 
among small business development centers submitting applica-
tions to participate in the Efficiency Program, the Adminis-
trator— 
(A) shall, to the maximum extent practicable, select 
small business development centers in such a manner so 
as to promote a nationwide distribution of centers partici-
pating in the Efficiency Program; and 
(B) may not select more than 1 small business develop-
ment center in a State to participate in the Efficiency 
Program. 
(5) MATCHING REQUIREMENT.—Subparagraphs (A) and (B) 
of section 21(a)(4) of the Small Business Act (15 U.S.C. 
648(a)(4)) shall apply to assistance made available under the 
Efficiency Program. 
(6) GRANT
AMOUNTS.—Each small business development 
center selected to participate in the Efficiency Program under 
paragraph (4) shall be eligible to receive a grant in an amount 
equal to— 
(A) not less than $100,000 in each fiscal year; and 
(B) not more than $300,000 in each fiscal year. 
(7) EVALUATION
AND
REPORT.—The Comptroller General 
of the United States shall— 
(A) not later than 30 months after the date of disburse-
ment of the first grant under the Efficiency Program, ini-
tiate an evaluation of that program; and 
Applicability. 
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121 STAT. 1770 
PUBLIC LAW 110–140—DEC. 19, 2007 
(B) not later than 6 months after the date of the 
initiation of the evaluation under subparagraph (A), submit 
to the Administrator, the Committee on Small Business 
and Entrepreneurship of the Senate, and the Committee 
on Small Business of the House of Representatives, a report 
containing— 
(i) the results of the evaluation; and 
(ii) any recommendations regarding whether the 
Efficiency Program, with or without modification, 
should be extended to include the participation of all 
small business development centers. 
(8) GUARANTEE.—To the extent not inconsistent with State 
law, the Administrator may guarantee the timely payment 
of a loan made to a small business concern through an on- 
bill financing agreement on such terms and conditions as the 
Administrator shall establish through a formal rulemaking, 
after providing notice and an opportunity for comment. 
(9) IMPLEMENTATION.—Subject to amounts approved in 
advance in appropriations Acts and separate from amounts 
approved to carry out section 21(a)(1) of the Small Business 
Act (15 U.S.C. 648(a)(1)), the Administrator may make grants 
or enter into cooperative agreements to carry out this sub-
section. 
(10) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated such sums as are necessary to 
make grants and enter into cooperative agreements to carry 
out this subsection. 
(11) TERMINATION.—The authority under this subsection 
shall terminate 4 years after the date of disbursement of the 
first grant under the Efficiency Program. 
(d) SMALL BUSINESS TELECOMMUTING.— 
(1) PILOT PROGRAM.— 
(A) IN GENERAL.—The Administrator shall conduct, in 
not more than 5 of the regions of the Administration, 
a pilot program to provide information regarding telecom-
muting to employers that are small business concerns and 
to encourage such employers to offer telecommuting options 
to employees. 
(B) SPECIAL OUTREACH TO INDIVIDUALS WITH DISABIL-
ITIES.—In carrying out the Telecommuting Pilot Program, 
the Administrator shall make a concerted effort to provide 
information to— 
(i) small business concerns owned by or employing 
individuals with disabilities, particularly veterans who 
are individuals with disabilities; 
(ii) Federal, State, and local agencies having 
knowledge and expertise in assisting individuals with 
disabilities, including veterans who are individuals 
with disabilities; and 
(iii) any group or organization, the primary pur-
pose of which is to aid individuals with disabilities 
or veterans who are individuals with disabilities. 
(C) PERMISSIBLE ACTIVITIES.—In carrying out the Tele-
commuting Pilot Program, the Administrator may— 
(i) produce educational materials and conduct 
presentations designed to raise awareness in the small 
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121 STAT. 1771 
PUBLIC LAW 110–140—DEC. 19, 2007 
business community of the benefits and the ease of 
telecommuting; 
(ii) conduct outreach— 
(I) to small business concerns that are consid-
ering offering telecommuting options; and 
(II) as provided in subparagraph (B); and 
(iii) acquire telecommuting technologies and equip-
ment to be used for demonstration purposes. 
(D) SELECTION
OF
REGIONS.—In determining which 
regions will participate in the Telecommuting Pilot Pro-
gram, the Administrator shall give priority consideration 
to regions in which Federal agencies and private-sector 
employers have demonstrated a strong regional commit-
ment to telecommuting. 
(2) REPORT TO CONGRESS.—Not later than 2 years after 
the date on which funds are first appropriated to carry out 
this subsection, the Administrator shall transmit to the Com-
mittee on Small Business and Entrepreneurship of the Senate 
and the Committee on Small Business of the House of Rep-
resentatives a report containing the results of an evaluation 
of the Telecommuting Pilot Program and any recommendations 
regarding whether the pilot program, with or without modifica-
tion, should be extended to include the participation of all 
regions of the Administration. 
(3) TERMINATION.—The Telecommuting Pilot Program shall 
terminate 4 years after the date on which funds are first 
appropriated to carry out this subsection. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Administration $5,000,000 to 
carry out this subsection. 
(e) ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.—Section 
9 of the Small Business Act (15 U.S.C. 638) is amended by adding 
at the end the following: 
‘‘(z) ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.— 
‘‘(1) FEDERAL AGENCY ENERGY-RELATED PRIORITY.—In car-
rying out its duties under this section relating to SBIR and 
STTR solicitations by Federal departments and agencies, the 
Administrator shall— 
‘‘(A) ensure that such departments and agencies give 
high priority to small business concerns that participate 
in or conduct energy efficiency or renewable energy system 
research and development projects; and 
‘‘(B) include in the annual report to Congress under 
subsection (b)(7) a determination of whether the priority 
described in subparagraph (A) is being carried out. 
‘‘(2) CONSULTATION
REQUIRED.—The Administrator shall 
consult with the heads of other Federal departments and agen-
cies in determining whether priority has been given to small 
business concerns that participate in or conduct energy effi-
ciency or renewable energy system research and development 
projects, as required by this subsection. 
‘‘(3) GUIDELINES.—The Administrator shall, as soon as is 
practicable after the date of enactment of this subsection, issue 
guidelines and directives to assist Federal agencies in meeting 
the requirements of this subsection. 
‘‘(4) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘biomass’— 
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121 STAT. 1772 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(i) means any organic material that is available 
on a renewable or recurring basis, including— 
‘‘(I) agricultural crops; 
‘‘(II) trees grown for energy production; 
‘‘(III) wood waste and wood residues; 
‘‘(IV) plants (including aquatic plants and 
grasses); 
‘‘(V) residues; 
‘‘(VI) fibers; 
‘‘(VII) animal wastes and other waste mate-
rials; and 
‘‘(VIII) fats, oils, and greases (including 
recycled fats, oils, and greases); and 
‘‘(ii) does not include— 
‘‘(I) paper that is commonly recycled; or 
‘‘(II) unsegregated solid waste; 
‘‘(B) the term ‘energy efficiency project’ means the 
installation or upgrading of equipment that results in a 
significant reduction in energy usage; and 
‘‘(C) the term ‘renewable energy system’ means a 
system of energy derived from— 
‘‘(i) a wind, solar, biomass (including biodiesel), 
or geothermal source; or 
‘‘(ii) hydrogen derived from biomass or water using 
an energy source described in clause (i).’’. 
SEC. 1204. LARGER 504 LOAN LIMITS TO HELP BUSINESS DEVELOP 
ENERGY EFFICIENT TECHNOLOGIES AND PURCHASES. 
(a) ELIGIBILITY
FOR ENERGY EFFICIENCY PROJECTS.—Section 
501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 
695(d)(3)) is amended— 
(1) in subparagraph (G) by striking ‘‘or’’ at the end; 
(2) in subparagraph (H) by striking the period at the end 
and inserting a comma; 
(3) by inserting after subparagraph (H) the following: 
‘‘(I) reduction of energy consumption by at least 10 
percent, 
‘‘(J) increased use of sustainable design, including 
designs that reduce the use of greenhouse gas emitting 
fossil fuels, or low-impact design to produce buildings that 
reduce the use of non-renewable resources and minimize 
environmental impact, or 
‘‘(K) plant, equipment and process upgrades of renew-
able energy sources such as the small-scale production 
of energy for individual buildings or communities consump-
tion, commonly known as micropower, or renewable fuels 
producers including biodiesel and ethanol producers.’’; and 
(4) by adding at the end the following: ‘‘In subparagraphs 
(J) and (K), terms have the meanings given those terms under 
the Leadership in Energy and Environmental Design (LEED) 
standard for green building certification, as determined by the 
Administrator.’’. 
(b) LOANS FOR PLANT PROJECTS USED FOR ENERGY-EFFICIENT 
PURPOSES.—Section 502(2)(A) of the Small Business Investment 
Act of 1958 (15 U.S.C. 696(2)(A)) is amended— 
(1) in clause (ii) by striking ‘‘and’’ at the end; 
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121 STAT. 1773 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) in clause (iii) by striking the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(iv) $4,000,000 for each project that reduces the 
borrower’s energy consumption by at least 10 percent; 
and 
‘‘(v) $4,000,000 for each project that generates 
renewable energy or renewable fuels, such as biodiesel 
or ethanol production.’’. 
SEC. 1205. ENERGY SAVING DEBENTURES. 
(a) IN GENERAL.—Section 303 of the Small Business Investment 
Act of 1958 (15 U.S.C. 683) is amended by adding at the end 
the following: 
‘‘(k) ENERGY SAVING DEBENTURES.—In addition to any other 
authority under this Act, a small business investment company 
licensed in the first fiscal year after the date of enactment of 
this subsection or any fiscal year thereafter may issue Energy 
Saving debentures.’’. 
(b) DEFINITIONS.—Section 103 of the Small Business Investment 
Act of 1958 (15 U.S.C. 662) is amended— 
(1) in paragraph (16), by striking ‘‘and’’ at the end; 
(2) in paragraph (17), by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(18) the term ‘Energy Saving debenture’ means a deferred 
interest debenture that— 
‘‘(A) is issued at a discount; 
‘‘(B) has a 5-year maturity or a 10-year maturity; 
‘‘(C) requires no interest payment or annual charge 
for the first 5 years; 
‘‘(D) is restricted to Energy Saving qualified invest-
ments; and 
‘‘(E) is issued at no cost (as defined in section 502 
of the Credit Reform Act of 1990) with respect to pur-
chasing and guaranteeing the debenture; and 
‘‘(19) the term ‘Energy Saving qualified investment’ means 
investment in a small business concern that is primarily 
engaged in researching, manufacturing, developing, or pro-
viding products, goods, or services that reduce the use or 
consumption of non-renewable energy resources.’’. 
SEC. 1206. INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES. 
(a) MAXIMUM LEVERAGE.—Section 303(b)(2) of the Small Busi-
ness Investment Act of 1958 (15 U.S.C. 303(b)(2)) is amended by 
adding at the end the following: 
‘‘(D) 
INVESTMENTS
IN
ENERGY
SAVING
SMALL 
BUSINESSES.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), in calcu-
lating the outstanding leverage of a company for pur-
poses of subparagraph (A), the Administrator shall 
exclude the amount of the cost basis of any Energy 
Saving qualified investment in a smaller enterprise 
made in the first fiscal year after the date of enactment 
of this subparagraph or any fiscal year thereafter by 
a company licensed in the applicable fiscal year. 
‘‘(ii) LIMITATIONS.— 
15 USC 683. 
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121 STAT. 1774 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(I) AMOUNT
OF
EXCLUSION.—The amount 
excluded under clause (i) for a company shall not 
exceed 33 percent of the private capital of that 
company. 
‘‘(II) MAXIMUM INVESTMENT.—A company shall 
not make an Energy Saving qualified investment 
in any one entity in an amount equal to more 
than 20 percent of the private capital of that com-
pany. 
‘‘(III) 
OTHER
TERMS.—The 
exclusion 
of 
amounts under clause (i) shall be subject to such 
terms as the Administrator may impose to ensure 
that there is no cost (as that term is defined in 
section 502 of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a)) with respect to purchasing 
or guaranteeing any debenture involved.’’. 
(b) MAXIMUM
AGGREGATE
AMOUNT
OF
LEVERAGE.—Section 
303(b)(4) of the Small Business Investment Act of 1958 (15 U.S.C. 
303(b)(4)) is amended by adding at the end the following: 
‘‘(E) 
INVESTMENTS
IN
ENERGY
SAVING
SMALL 
BUSINESSES.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), in calcu-
lating the aggregate outstanding leverage of a company 
for purposes of subparagraph (A), the Administrator 
shall exclude the amount of the cost basis of any 
Energy Saving qualified investment in a smaller enter-
prise made in the first fiscal year after the date of 
enactment of this subparagraph or any fiscal year 
thereafter by a company licensed in the applicable 
fiscal year. 
‘‘(ii) LIMITATIONS.— 
‘‘(I) AMOUNT
OF
EXCLUSION.—The amount 
excluded under clause (i) for a company shall not 
exceed 33 percent of the private capital of that 
company. 
‘‘(II) MAXIMUM INVESTMENT.—A company shall 
not make an Energy Saving qualified investment 
in any one entity in an amount equal to more 
than 20 percent of the private capital of that com-
pany. 
‘‘(III) 
OTHER
TERMS.—The 
exclusion 
of 
amounts under clause (i) shall be subject to such 
terms as the Administrator may impose to ensure 
that there is no cost (as that term is defined in 
section 502 of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a)) with respect to purchasing 
or guaranteeing any debenture involved.’’. 
SEC. 1207. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY. 
Title III of the Small Business Investment Act of 1958 (15 
U.S.C. 681 et seq.) is amended by adding at the end the following: 
‘‘PART C—RENEWABLE FUEL CAPITAL 
INVESTMENT PILOT PROGRAM 
‘‘SEC. 381. DEFINITIONS. 
‘‘In this part: 
15 USC 690. 
15 USC 683. 
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121 STAT. 1775 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(1) OPERATIONAL
ASSISTANCE.—The term ‘operational 
assistance’ means management, marketing, and other technical 
assistance that assists a small business concern with business 
development. 
‘‘(2) PARTICIPATION AGREEMENT.—The term ‘participation 
agreement’ means an agreement, between the Administrator 
and a company granted final approval under section 384(e), 
that— 
‘‘(A) details the operating plan and investment criteria 
of the company; and 
‘‘(B) requires the company to make investments in 
smaller enterprises primarily engaged in researching, 
manufacturing, developing, producing, or bringing to 
market goods, products, or services that generate or support 
the production of renewable energy. 
‘‘(3) RENEWABLE
ENERGY.—The term ‘renewable energy’ 
means energy derived from resources that are regenerative 
or that cannot be depleted, including solar, wind, ethanol, and 
biodiesel fuels. 
‘‘(4) RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.—The 
term ‘Renewable Fuel Capital Investment company’ means a 
company— 
‘‘(A) that— 
‘‘(i) has been granted final approval by the 
Administrator under section 384(e); and 
‘‘(ii) has entered into a participation agreement 
with the Administrator; or 
‘‘(B) that has received conditional approval under sec-
tion 384(c). 
‘‘(5) STATE.—The term ‘State’ means each of the several 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and any other 
commonwealth, territory, or possession of the United States. 
‘‘(6) VENTURE CAPITAL.—The term ‘venture capital’ means 
capital in the form of equity capital investments, as that term 
is defined in section 303(g)(4). 
‘‘SEC. 382. PURPOSES. 
‘‘The purposes of the Renewable Fuel Capital Investment Pro-
gram established under this part are— 
‘‘(1) to promote the research, development, manufacture, 
production, and bringing to market of goods, products, or serv-
ices that generate or support the production of renewable 
energy by encouraging venture capital investments in smaller 
enterprises primarily engaged such activities; and 
‘‘(2) to establish a venture capital program, with the mis-
sion of addressing the unmet equity investment needs of smaller 
enterprises engaged in researching, developing, manufacturing, 
producing, and bringing to market goods, products, or services 
that generate or support the production of renewable energy, 
to be administered by the Administrator— 
‘‘(A) to enter into participation agreements with Renew-
able Fuel Capital Investment companies; 
‘‘(B) to guarantee debentures of Renewable Fuel Cap-
ital Investment companies to enable each such company 
to make venture capital investments in smaller enterprises 
15 USC 690a. 
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121 STAT. 1776 
PUBLIC LAW 110–140—DEC. 19, 2007 
engaged in the research, development, manufacture, 
production, and bringing to market of goods, products, or 
services that generate or support the production of renew-
able energy; and 
‘‘(C) to make grants to Renewable Fuel Investment 
Capital companies, and to other entities, for the purpose 
of providing operational assistance to smaller enterprises 
financed, or expected to be financed, by such companies. 
‘‘SEC. 383. ESTABLISHMENT. 
‘‘The Administrator shall establish a Renewable Fuel Capital 
Investment Program, under which the Administrator may— 
‘‘(1) enter into participation agreements for the purposes 
described in section 382; and 
‘‘(2) guarantee the debentures issued by Renewable Fuel 
Capital Investment companies as provided in section 385. 
‘‘SEC. 384. SELECTION OF RENEWABLE FUEL CAPITAL INVESTMENT 
COMPANIES. 
‘‘(a) ELIGIBILITY.—A company is eligible to apply to be des-
ignated as a Renewable Fuel Capital Investment company if the 
company— 
‘‘(1) is a newly formed for-profit entity or a newly formed 
for-profit subsidiary of an existing entity; 
‘‘(2) has a management team with experience in alternative 
energy financing or relevant venture capital financing; and 
‘‘(3) has a primary objective of investment in smaller enter-
prises that research, manufacture, develop, produce, or bring 
to market goods, products, or services that generate or support 
the production of renewable energy. 
‘‘(b) APPLICATION.—A company desiring to be designated as 
a Renewable Fuel Capital Investment company shall submit an 
application to the Administrator that includes— 
‘‘(1) a business plan describing how the company intends 
to make successful venture capital investments in smaller 
enterprises primarily engaged in the research, manufacture, 
development, production, or bringing to market of goods, prod-
ucts, or services that generate or support the production of 
renewable energy; 
‘‘(2) information regarding the relevant venture capital 
qualifications and general reputation of the management of 
the company; 
‘‘(3) a description of how the company intends to seek 
to address the unmet capital needs of the smaller enterprises 
served; 
‘‘(4) a proposal describing how the company intends to 
use the grant funds provided under this part to provide oper-
ational assistance to smaller enterprises financed by the com-
pany, including information regarding whether the company 
has employees with appropriate professional licenses or will 
contract with another entity when the services of such an 
individual are necessary; 
‘‘(5) with respect to binding commitments to be made to 
the company under this part, an estimate of the ratio of cash 
to in-kind contributions; 
‘‘(6) a description of whether and to what extent the com-
pany meets the criteria under subsection (c)(2) and the objec-
tives of the program established under this part; 
15 USC 690c. 
15 USC 690b. 
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121 STAT. 1777 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(7) information regarding the management and financial 
strength of any parent firm, affiliated firm, or any other firm 
essential to the success of the business plan of the company; 
and 
‘‘(8) such other information as the Administrator may 
require. 
‘‘(c) CONDITIONAL APPROVAL.— 
‘‘(1) IN
GENERAL.—From among companies submitting 
applications under subsection (b), the Administrator shall condi-
tionally approve companies to operate as Renewable Fuel Cap-
ital Investment companies. 
‘‘(2) SELECTION
CRITERIA.—In conditionally approving 
companies under paragraph (1), the Administrator shall con-
sider— 
‘‘(A) the likelihood that the company will meet the 
goal of its business plan; 
‘‘(B) the experience and background of the management 
team of the company; 
‘‘(C) the need for venture capital investments in the 
geographic areas in which the company intends to invest; 
‘‘(D) the extent to which the company will concentrate 
its activities on serving the geographic areas in which 
it intends to invest; 
‘‘(E) the likelihood that the company will be able to 
satisfy the conditions under subsection (d); 
‘‘(F) the extent to which the activities proposed by 
the company will expand economic opportunities in the 
geographic areas in which the company intends to invest; 
‘‘(G) the strength of the proposal by the company to 
provide operational assistance under this part as the pro-
posal relates to the ability of the company to meet 
applicable cash requirements and properly use in-kind con-
tributions, including the use of resources for the services 
of licensed professionals, when necessary, whether provided 
by employees or contractors; and 
‘‘(H) any other factor determined appropriate by the 
Administrator. 
‘‘(3) NATIONWIDE DISTRIBUTION.—From among companies 
submitting applications under subsection (b), the Administrator 
shall consider the selection criteria under paragraph (2) and 
shall, to the maximum extent practicable, approve at least 
one company from each geographic region of the Administra-
tion. 
‘‘(d) REQUIREMENTS TO BE MET FOR FINAL APPROVAL.— 
‘‘(1) IN
GENERAL.—The Administrator shall grant each 
conditionally approved company 2 years to satisfy the require-
ments of this subsection. 
‘‘(2) CAPITAL REQUIREMENT.—Each conditionally approved 
company shall raise not less than $3,000,000 of private capital 
or binding capital commitments from 1 or more investors (which 
shall not be departments or agencies of the Federal Govern-
ment) who meet criteria established by the Administrator. 
‘‘(3) NONADMINISTRATION
RESOURCES
FOR
OPERATIONAL 
ASSISTANCE.— 
‘‘(A) IN
GENERAL.—In order to provide operational 
assistance to smaller enterprises expected to be financed 
by the company, each conditionally approved company shall 
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121 STAT. 1778 
PUBLIC LAW 110–140—DEC. 19, 2007 
have binding commitments (for contribution in cash or 
in-kind)— 
‘‘(i) from sources other than the Administration 
that meet criteria established by the Administrator; 
and 
‘‘(ii) payable or available over a multiyear period 
determined appropriate by the Administrator (not to 
exceed 10 years). 
‘‘(B) EXCEPTION.—The Administrator may, in the 
discretion of the Administrator and based upon a showing 
of special circumstances and good cause, consider an 
applicant to have satisfied the requirements of subpara-
graph (A) if the applicant has— 
‘‘(i) a viable plan that reasonably projects the 
capacity of the applicant to raise the amount (in cash 
or in-kind) required under subparagraph (A); and 
‘‘(ii) binding commitments in an amount equal to 
not less than 20 percent of the total amount required 
under paragraph (A). 
‘‘(C) LIMITATION.—The total amount of a in-kind con-
tributions by a company shall be not more than 50 percent 
of the total contributions by a company. 
‘‘(e) FINAL APPROVAL; DESIGNATION.—The Administrator shall, 
with respect to each applicant conditionally approved under sub-
section (c)— 
‘‘(1) grant final approval to the applicant to operate as 
a Renewable Fuel Capital Investment company under this part 
and designate the applicant as such a company, if the 
applicant— 
‘‘(A) satisfies the requirements of subsection (d) on 
or before the expiration of the time period described in 
that subsection; and 
‘‘(B) enters into a participation agreement with the 
Administrator; or 
‘‘(2) if the applicant fails to satisfy the requirements of 
subsection (d) on or before the expiration of the time period 
described in paragraph (1) of that subsection, revoke the condi-
tional approval granted under that subsection. 
‘‘SEC. 385. DEBENTURES. 
‘‘(a) IN GENERAL.—The Administrator may guarantee the timely 
payment of principal and interest, as scheduled, on debentures 
issued by any Renewable Fuel Capital Investment company. 
‘‘(b) TERMS AND CONDITIONS.—The Administrator may make 
guarantees under this section on such terms and conditions as 
it determines appropriate, except that— 
‘‘(1) the term of any debenture guaranteed under this sec-
tion shall not exceed 15 years; and 
‘‘(2) a debenture guaranteed under this section— 
‘‘(A) shall carry no front-end or annual fees; 
‘‘(B) shall be issued at a discount; 
‘‘(C) shall require no interest payments during the 
5-year period beginning on the date the debenture is issued; 
‘‘(D) shall be prepayable without penalty after the end 
of the 1-year period beginning on the date the debenture 
is issued; and 
15 USC 690d. 
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121 STAT. 1779 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(E) shall require semiannual interest payments after 
the period described in subparagraph (C). 
‘‘(c) FULL FAITH
AND CREDIT
OF
THE UNITED STATES.—The 
full faith and credit of the United States is pledged to pay all 
amounts that may be required to be paid under any guarantee 
under this part. 
‘‘(d) MAXIMUM GUARANTEE.— 
‘‘(1) IN GENERAL.—Under this section, the Administrator 
may guarantee the debentures issued by a Renewable Fuel 
Capital Investment company only to the extent that the total 
face amount of outstanding guaranteed debentures of such com-
pany does not exceed 150 percent of the private capital of 
the company, as determined by the Administrator. 
‘‘(2) TREATMENT OF CERTAIN FEDERAL FUNDS.—For the pur-
poses of paragraph (1), private capital shall include capital 
that is considered to be Federal funds, if such capital is contrib-
uted by an investor other than a department or agency of 
the Federal Government. 
‘‘SEC. 386. ISSUANCE AND GUARANTEE OF TRUST CERTIFICATES. 
‘‘(a) ISSUANCE.—The Administrator may issue trust certificates 
representing ownership of all or a fractional part of debentures 
issued by a Renewable Fuel Capital Investment company and 
guaranteed by the Administrator under this part, if such certificates 
are based on and backed by a trust or pool approved by the Adminis-
trator and composed solely of guaranteed debentures. 
‘‘(b) GUARANTEE.— 
‘‘(1) IN
GENERAL.—The Administrator may, under such 
terms and conditions as it determines appropriate, guarantee 
the timely payment of the principal of and interest on trust 
certificates issued by the Administrator or its agents for pur-
poses of this section. 
‘‘(2) LIMITATION.—Each guarantee under this subsection 
shall be limited to the extent of principal and interest on 
the guaranteed debentures that compose the trust or pool. 
‘‘(3) PREPAYMENT OR DEFAULT.—If a debenture in a trust 
or pool is prepaid, or in the event of default of such a debenture, 
the guarantee of timely payment of principal and interest on 
the trust certificates shall be reduced in proportion to the 
amount of principal and interest such prepaid debenture rep-
resents in the trust or pool. Interest on prepaid or defaulted 
debentures shall accrue and be guaranteed by the Adminis-
trator only through the date of payment of the guarantee. 
At any time during its term, a trust certificate may be called 
for redemption due to prepayment or default of all debentures. 
‘‘(c) FULL FAITH
AND CREDIT
OF
THE UNITED STATES.—The 
full faith and credit of the United States is pledged to pay all 
amounts that may be required to be paid under any guarantee 
of a trust certificate issued by the Administrator or its agents 
under this section. 
‘‘(d) FEES.—The Administrator shall not collect a fee for any 
guarantee of a trust certificate under this section, but any agent 
of the Administrator may collect a fee approved by the Adminis-
trator for the functions described in subsection (f)(2). 
‘‘(e) SUBROGATION AND OWNERSHIP RIGHTS.— 
15 USC 690e. 
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121 STAT. 1780 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(1) SUBROGATION.—If the Administrator pays a claim 
under a guarantee issued under this section, it shall be sub-
rogated fully to the rights satisfied by such payment. 
‘‘(2) OWNERSHIP RIGHTS.—No Federal, State, or local law 
shall preclude or limit the exercise by the Administrator of 
its ownership rights in the debentures residing in a trust or 
pool against which trust certificates are issued under this sec-
tion. 
‘‘(f) MANAGEMENT AND ADMINISTRATION.— 
‘‘(1) REGISTRATION.—The Administrator may provide for 
a central registration of all trust certificates issued under this 
section. 
‘‘(2) CONTRACTING OF FUNCTIONS.— 
‘‘(A) IN
GENERAL.—The Administrator may contract 
with an agent or agents to carry out on behalf of the 
Administrator the pooling and the central registration func-
tions provided for in this section, including, not with-
standing any other provision of law— 
‘‘(i) maintenance, on behalf of and under the direc-
tion of the Administrator, of such commercial bank 
accounts or investments in obligations of the United 
States as may be necessary to facilitate the creation 
of trusts or pools backed by debentures guaranteed 
under this part; and 
‘‘(ii) the issuance of trust certificates to facilitate 
the creation of such trusts or pools. 
‘‘(B) FIDELITY BOND OR INSURANCE REQUIREMENT.—Any 
agent performing functions on behalf of the Administrator 
under this paragraph shall provide a fidelity bond or insur-
ance in such amounts as the Administrator determines 
to be necessary to fully protect the interests of the United 
States. 
‘‘(3) REGULATION OF BROKERS AND DEALERS.—The Adminis-
trator may regulate brokers and dealers in trust certificates 
issued under this section. 
‘‘(4) ELECTRONIC REGISTRATION.—Nothing in this subsection 
may be construed to prohibit the use of a book-entry or other 
electronic form of registration for trust certificates issued under 
this section. 
‘‘SEC. 387. FEES. 
‘‘(a) IN GENERAL.—Except as provided in section 386(d), the 
Administrator may charge such fees as it determines appropriate 
with respect to any guarantee or grant issued under this part, 
in an amount established annually by the Administrator, as nec-
essary to reduce to zero the cost (as defined in section 502 of 
the Federal Credit Reform Act of 1990) to the Administration of 
purchasing and guaranteeing debentures under this part, which 
amounts shall be paid to and retained by the Administration. 
‘‘(b) OFFSET.—The Administrator may, as provided by section 
388, offset fees charged and collected under subsection (a). 
‘‘SEC. 388. FEE CONTRIBUTION. 
‘‘(a) IN GENERAL.—To the extent that amounts are made avail-
able to the Administrator for the purpose of fee contributions, 
the Administrator shall contribute to fees paid by the Renewable 
Fuel Capital Investment companies under section 387. 
15 USC 690g. 
15 USC 690f. 
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121 STAT. 1781 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(b) ANNUAL ADJUSTMENT.—Each fee contribution under sub-
section (a) shall be effective for 1 fiscal year and shall be adjusted 
as necessary for each fiscal year thereafter to ensure that amounts 
under subsection (a) are fully used. The fee contribution for a 
fiscal year shall be based on the outstanding commitments made 
and the guarantees and grants that the Administrator projects 
will be made during that fiscal year, given the program level author-
ized by law for that fiscal year and any other factors that the 
Administrator determines appropriate. 
‘‘SEC. 389. OPERATIONAL ASSISTANCE GRANTS. 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORITY.—The Administrator may make grants to 
Renewable Fuel Capital Investment companies to provide oper-
ational assistance to smaller enterprises financed, or expected 
to be financed, by such companies or other entities. 
‘‘(2) TERMS.—A grant under this subsection shall be made 
over a multiyear period not to exceed 10 years, under such 
other terms as the Administrator may require. 
‘‘(3) GRANT AMOUNT.—The amount of a grant made under 
this subsection to a Renewable Fuel Capital Investment com-
pany shall be equal to the lesser of— 
‘‘(A) 10 percent of the resources (in cash or in-kind) 
raised by the company under section 384(d)(2); or 
‘‘(B) $1,000,000. 
‘‘(4) PRO RATA REDUCTIONS.—If the amount made available 
to carry out this section is insufficient for the Administrator 
to provide grants in the amounts provided for in paragraph 
(3), the Administrator shall make pro rata reductions in the 
amounts otherwise payable to each company and entity under 
such paragraph. 
‘‘(5) GRANTS
TO
CONDITIONALLY
APPROVED
COMPANIES.— 
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), upon the request of a company conditionally approved 
under section 384(c), the Administrator shall make a grant 
to the company under this subsection. 
‘‘(B) REPAYMENT BY COMPANIES NOT APPROVED.—If a 
company receives a grant under this paragraph and does 
not enter into a participation agreement for final approval, 
the company shall, subject to controlling Federal law, repay 
the amount of the grant to the Administrator. 
‘‘(C) DEDUCTION OF GRANT TO APPROVED COMPANY.— 
If a company receives a grant under this paragraph and 
receives final approval under section 384(e), the Adminis-
trator shall deduct the amount of the grant from the total 
grant amount the company receives for operational assist-
ance. 
‘‘(D) AMOUNT OF GRANT.—No company may receive a 
grant of more than $100,000 under this paragraph. 
‘‘(b) SUPPLEMENTAL GRANTS.— 
‘‘(1) IN GENERAL.—The Administrator may make supple-
mental grants to Renewable Fuel Capital Investment companies 
and to other entities, as authorized by this part, under such 
terms as the Administrator may require, to provide additional 
operational assistance to smaller enterprises financed, or 
expected to be financed, by the companies. 
15 USC 690h. 
Effective date. 
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121 STAT. 1782 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(2) MATCHING
REQUIREMENT.—The Administrator may 
require, as a condition of any supplemental grant made under 
this subsection, that the company or entity receiving the grant 
provide from resources (in a cash or in kind), other then those 
provided by the Administrator, a matching contribution equal 
to the amount of the supplemental grant. 
‘‘(c) LIMITATION.—None of the assistance made available under 
this section may be used for any overhead or general and adminis-
trative expense of a Renewable Fuel Capital Investment company. 
‘‘SEC. 390. BANK PARTICIPATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), any 
national bank, any member bank of the Federal Reserve System, 
and (to the extent permitted under applicable State law) any 
insured bank that is not a member of such system, may invest 
in any Renewable Fuel Capital Investment company, or in any 
entity established to invest solely in Renewable Fuel Capital Invest-
ment companies. 
‘‘(b) LIMITATION.—No bank described in subsection (a) may 
make investments described in such subsection that are greater 
than 5 percent of the capital and surplus of the bank. 
‘‘SEC. 391. FEDERAL FINANCING BANK. 
‘‘Notwithstanding section 318, the Federal Financing Bank may 
acquire a debenture issued by a Renewable Fuel Capital Investment 
company under this part. 
‘‘SEC. 392. REPORTING REQUIREMENT. 
‘‘Each Renewable Fuel Capital Investment company that 
participates in the program established under this part shall provide 
to the Administrator such information as the Administrator may 
require, including— 
‘‘(1) information related to the measurement criteria that 
the company proposed in its program application; and 
‘‘(2) in each case in which the company makes, under 
this part, an investment in, or a loan or a grant to, a business 
that is not primarily engaged in the research, development, 
manufacture, or bringing to market or renewable energy 
sources, a report on the nature, origin, and revenues of the 
business in which investments are made. 
‘‘SEC. 393. EXAMINATIONS. 
‘‘(a) IN GENERAL.—Each Renewable Fuel Capital Investment 
company that participates in the program established under this 
part shall be subject to examinations made at the direction of 
the Investment Division of the Administration in accordance with 
this section. 
‘‘(b) ASSISTANCE OF PRIVATE SECTOR ENTITIES.—Examinations 
under this section may be conducted with the assistance of a private 
sector entity that has both the qualifications and the expertise 
necessary to conduct such examinations. 
‘‘(c) COSTS.— 
‘‘(1) ASSESSMENT.— 
‘‘(A) IN GENERAL.—The Administrator may assess the 
cost of examinations under this section, including com-
pensation of the examiners, against the company examined. 
15 USC 690l. 
15 USC 690k. 
15 USC 690j. 
15 USC 690i. 
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121 STAT. 1783 
PUBLIC LAW 110–140—DEC. 19, 2007 
‘‘(B) PAYMENT.—Any company against which the 
Administrator assesses costs under this paragraph shall 
pay such costs. 
‘‘(2) DEPOSIT OF FUNDS.—Funds collected under this section 
shall be deposited in the account for salaries and expenses 
of the Administration. 
‘‘SEC. 394. MISCELLANEOUS. 
‘‘To the extent such procedures are not inconsistent with the 
requirements of this part, the Administrator may take such action 
as set forth in sections 309, 311, 312, and 314 and an officer, 
director, employee, agent, or other participant in the management 
or conduct of the affairs of a Renewable Fuel Capital Investment 
company shall be subject to the requirements of such sections. 
‘‘SEC. 395. REMOVAL OR SUSPENSION OF DIRECTORS OR OFFICERS. 
‘‘Using the procedures for removing or suspending a director 
or an officer of a licensee set forth in section 313 (to the extent 
such procedures are not inconsistent with the requirements of this 
part), the Administrator may remove or suspend any director or 
officer of any Renewable Fuel Capital Investment company. 
‘‘SEC. 396. REGULATIONS. 
‘‘The Administrator may issue such regulations as the Adminis-
trator determines necessary to carry out the provisions of this 
part in accordance with its purposes. 
‘‘SEC. 397. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 
the Administrator is authorized to make $15,000,000 in operational 
assistance grants under section 389 for each of fiscal years 2008 
and 2009. 
‘‘(b) FUNDS COLLECTED FOR EXAMINATIONS.—Funds deposited 
under section 393(c)(2) are authorized to be appropriated only for 
the costs of examinations under section 393 and for the costs 
of other oversight activities with respect to the program established 
under this part. 
‘‘SEC. 398. TERMINATION. 
‘‘The program under this part shall terminate at the end of 
the second full fiscal year after the date that the Administrator 
establishes the program under this part.’’. 
SEC. 1208. STUDY AND REPORT. 
The Administrator of the Small Business Administration shall 
conduct a study of the Renewable Fuel Capital Investment Program 
under part C of title III of the Small Business Investment Act 
of 1958, as added by this Act. Not later than 3 years after the 
date of enactment of this Act, the Administrator shall complete 
the study under this section and submit to Congress a report 
regarding the results of the study. 
TITLE XIII—SMART GRID 
SEC. 1301. STATEMENT OF POLICY ON MODERNIZATION OF ELEC-
TRICITY GRID. 
It is the policy of the United States to support the moderniza-
tion of the Nation’s electricity transmission and distribution system 
42 USC 17381. 
15 USC 690q. 
15 USC 690p. 
15 USC 690o. 
15 USC 690n. 
15 USC 690m. 
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121 STAT. 1784 
PUBLIC LAW 110–140—DEC. 19, 2007 
to maintain a reliable and secure electricity infrastructure that 
can meet future demand growth and to achieve each of the following, 
which together characterize a Smart Grid: 
(1) Increased use of digital information and controls tech-
nology to improve reliability, security, and efficiency of the 
electric grid. 
(2) Dynamic optimization of grid operations and resources, 
with full cyber-security. 
(3) Deployment and integration of distributed resources 
and generation, including renewable resources. 
(4) Development and incorporation of demand response, 
demand-side resources, and energy-efficiency resources. 
(5) Deployment of ‘‘smart’’ technologies (real-time, auto-
mated, interactive technologies that optimize the physical oper-
ation of appliances and consumer devices) for metering, commu-
nications concerning grid operations and status, and distribu-
tion automation. 
(6) Integration of ‘‘smart’’ appliances and consumer devices. 
(7) Deployment and integration of advanced electricity stor-
age and peak-shaving technologies, including plug-in electric 
and hybrid electric vehicles, and thermal-storage air condi-
tioning. 
(8) Provision to consumers of timely information and control 
options. 
(9) Development of standards for communication and inter-
operability of appliances and equipment connected to the elec-
tric grid, including the infrastructure serving the grid. 
(10) Identification and lowering of unreasonable or unneces-
sary barriers to adoption of smart grid technologies, practices, 
and services. 
SEC. 1302. SMART GRID SYSTEM REPORT. 
The Secretary, acting through the Assistant Secretary of the 
Office of Electricity Delivery and Energy Reliability (referred to 
in this section as the ‘‘OEDER’’) and through the Smart Grid 
Task Force established in section 1303, shall, after consulting with 
any interested individual or entity as appropriate, no later than 
1 year after enactment, and every 2 years thereafter, report to 
Congress concerning the status of smart grid deployments nation-
wide and any regulatory or government barriers to continued 
deployment. The report shall provide the current status and pros-
pects of smart grid development, including information on tech-
nology penetration, communications network capabilities, costs, and 
obstacles. It may include recommendations for State and Federal 
policies or actions helpful to facilitate the transition to a smart 
grid. To the extent appropriate, it should take a regional perspec-
tive. In preparing this report, the Secretary shall solicit advice 
and contributions from the Smart Grid Advisory Committee created 
in section 1303; from other involved Federal agencies including 
but not limited to the Federal Energy Regulatory Commission 
(‘‘Commission’’), the National Institute of Standards and Technology 
(‘‘Institute’’), and the Department of Homeland Security; and from 
other stakeholder groups not already represented on the Smart 
Grid Advisory Committee. 
SEC. 1303. SMART GRID ADVISORY COMMITTEE AND SMART GRID TASK 
FORCE. 
(a) SMART GRID ADVISORY COMMITTEE.— 
42 USC 17383. 
42 USC 17382. 
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121 STAT. 1785 
PUBLIC LAW 110–140—DEC. 19, 2007 
(1) ESTABLISHMENT.—The Secretary shall establish, within 
90 days of enactment of this Part, a Smart Grid Advisory 
Committee (either as an independent entity or as a designated 
sub-part of a larger advisory committee on electricity matters). 
The Smart Grid Advisory Committee shall include eight or 
more members appointed by the Secretary who have sufficient 
experience and expertise to represent the full range of smart 
grid technologies and services, to represent both private and 
non-Federal public sector stakeholders. One member shall be 
appointed by the Secretary to Chair the Smart Grid Advisory 
Committee. 
(2) MISSION.—The mission of the Smart Grid Advisory Com-
mittee shall be to advise the Secretary, the Assistant Secretary, 
and other relevant Federal officials concerning the development 
of smart grid technologies, the progress of a national transition 
to the use of smart-grid technologies and services, the evolution 
of widely-accepted technical and practical standards and proto-
cols to allow interoperability and inter-communication among 
smart-grid capable devices, and the optimum means of using 
Federal incentive authority to encourage such progress. 
(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall 
apply to the Smart Grid Advisory Committee. 
(b) SMART GRID TASK FORCE.— 
(1) ESTABLISHMENT.—The Assistant Secretary of the Office 
of Electricity Delivery and Energy Reliability shall establish, 
within 90 days of enactment of this Part, a Smart Grid Task 
Force composed of designated employees from the various divi-
sions of that office who have responsibilities related to the 
transition to smart-grid technologies and practices. The Assist-
ant Secretary or his designee shall be identified as the Director 
of the Smart Grid Task Force. The Chairman of the Federal 
Energy Regulatory Commission and the Director of the National 
Institute of Standards and Technology shall each designate 
at least one employee to participate on the Smart Grid Task 
Force. Other members may come from other agencies at the 
invitation of the Assistant Secretary or the nomination of the 
head of such other agency. The Smart Grid Task Force shall, 
without disrupting the work of the Divisions or Offices from 
which its members are drawn, provide an identifiable Federal 
entity to embody the Federal role in the national transition 
toward development and use of smart grid technologies. 
(2) MISSION.—The mission of the Smart Grid Task Force 
shall be to insure awareness, coordination and integration of 
the diverse activities of the Office and elsewhere in the Federal 
Government related to smart-grid technologies and practices, 
including but not limited to: smart grid research and develop-
ment; development of widely accepted smart-grid standards 
and protocols; the relationship of smart-grid technologies and 
practices to electric utility regulation; the relationship of smart- 
grid technologies and practices to infrastructure development, 
system reliability and security; and the relationship of smart- 
grid technologies and practices to other facets of electricity 
supply, demand, transmission, distribution, and policy. The 
Smart Grid Task Force shall collaborate with the Smart Grid 
Advisory Committee and other Federal agencies and offices. 
Deadline. 
Deadline. 
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121 STAT. 1786 
PUBLIC LAW 110–140—DEC. 19, 2007 
The Smart Grid Task Force shall meet at the call of its Director 
as necessary to accomplish its mission. 
(c) AUTHORIZATION.—There are authorized to be appropriated 
for the purposes of this section such sums as are necessary to 
the Secretary to support the operations of the Smart Grid Advisory 
Committee and Smart Grid Task Force for each of fiscal years 
2008 through 2020. 
SEC. 1304. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND 
DEMONSTRATION. 
(a) POWER GRID DIGITAL INFORMATION TECHNOLOGY.—The Sec-
retary, in consultation with the Federal Energy Regulatory Commis-
sion and other appropriate agencies, electric utilities, the States, 
and other stakeholders, shall carry out a program— 
(1) to develop advanced techniques for measuring peak 
load reductions and energy-efficiency savings from smart 
metering, demand response, distributed generation, and elec-
tricity storage systems; 
(2) to investigate means for demand response, distributed 
generation, and storage to provide ancillary services; 
(3) to conduct research to advance the use of wide-area 
measurement and control networks, including data mining, vis-
ualization, advanced computing, and secure and dependable 
communications in a highly-distributed environment; 
(4) to test new reliability technologies, including those con-
cerning communications network capabilities, in a grid control 
room environment against a representative set of local outage 
and wide area blackout scenarios; 
(5) to identify communications network capacity needed 
to implement advanced technologies. 
(6) to investigate the feasibility of a transition to time- 
of-use and real-time electricity pricing; 
(7) to develop algorithms for use in electric transmission 
system software applications; 
(8) to promote the use of underutilized electricity generation 
capacity in any substitution of electricity for liquid fuels in 
the transportation system of the United States; and 
(9) in consultation with the Federal Energy Regulatory 
Commission, to propose interconnection protocols to enable elec-
tric utilities to access electricity stored in vehicles to help 
meet peak demand loads. 
(b) SMART GRID REGIONAL DEMONSTRATION INITIATIVE.— 
(1) IN GENERAL.—The Secretary shall establish a smart 
grid regional demonstration initiative (referred to in this sub-
section as the ‘‘Initiative’’) composed of demonstration projects 
specifically focused on advanced technologies for use in power 
grid sensing, communications, analysis, and power flow control. 
The Secretary shall seek to leverage existing smart grid deploy-
ments. 
(2) GOALS.—The goals of the Initiative shall be— 
(A) to demonstrate the potential benefits of con-
centrated investments in advanced grid technologies on 
a regional grid; 
(B) to facilitate the commercial transition from the 
current power transmission and distribution system tech-
nologies to advanced technologies; 
42 USC 17384. 
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121 STAT. 1787 
PUBLIC LAW 110–140—DEC. 19, 2007 
(C) to facilitate the integration of advanced tech-
nologies in existing electric networks to improve system 
performance, power flow control, and reliability; 
(D) to demonstrate protocols and standards that allow 
for the measurement and validation of the energy savings 
and fossil fuel emission reductions associated with the 
installation and use of energy efficiency and demand 
response technologies and practices; and 
(E) to investigate differences in each region and regu-
latory environment regarding best practices in imple-
menting smart grid technologies. 
(3) DEMONSTRATION PROJECTS.— 
(A) IN GENERAL.—In carrying out the initiative, the 
Secretary shall carry out smart grid demonstration projects 
in up to 5 electricity control areas, including rural areas 
and at least 1 area in which the majority of generation 
and transmission assets are controlled by a tax-exempt 
entity. 
(B) COOPERATION.—A demonstration project under 
subparagraph (A) shall be carried out in cooperation with 
the electric utility that owns the grid facilities in the elec-
tricity control area in which the demonstration project is 
carried out. 
(C) FEDERAL SHARE OF COST OF TECHNOLOGY INVEST-
MENTS.—The Secretary shall provide to an electric utility 
described in subparagraph (B) financial assistance for use 
in paying an amount equal to not more than 50 percent 
of the cost of qualifying advanced grid technology invest-
ments made by the electric utility to carry out a demonstra-
tion project. 
(D) INELIGIBILITY FOR GRANTS.—No person or entity 
participating in any demonstration project conducted under 
this subsection shall be eligible for grants under section 
1306 for otherwise qualifying investments made as part 
of that demonstration project. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated— 
(1) to carry out subsection (a), such sums as are necessary 
for each of fiscal years 2008 through 2012; and 
(2) to carry out subsection (b), $100,000,000 for each of 
fiscal years 2008 through 2012. 
SEC. 1305. SMART GRID INTEROPERABILITY FRAMEWORK. 
(a) INTEROPERABILITY
FRAMEWORK.—The Director of the 
National Institute of Standards and Technology shall have primary 
responsibility to coordinate the development of a framework that 
includes protocols and model standards for information manage-
ment to achieve interoperability of smart grid devices and systems. 
Such protocols and standards shall further align policy, business, 
and technology approaches in a manner that would enable all 
electric resources, including demand-side resources, to contribute 
to an efficient, reliable electricity network. In developing such proto-
cols and standards— 
(1) the Director shall seek input and cooperation from 
the Commission, OEDER and its Smart Grid Task Force, the 
Smart Grid Advisory Committee, other relevant Federal and 
State agencies; and 
42 USC 17385. 
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121 STAT. 1788 
PUBLIC LAW 110–140—DEC. 19, 2007 
(2) the Director shall also solicit input and cooperation 
from private entities interested in such protocols and standards, 
including but not limited to the Gridwise Architecture Council, 
the International Electrical and Electronics Engineers, the 
National Electric Reliability Organization recognized by the 
Federal Energy Regulatory Commission, and National Elec-
trical Manufacturer’s Association. 
(b) SCOPE OF FRAMEWORK.—The framework developed under 
subsection (a) shall be flexible, uniform and technology neutral, 
including but not limited to technologies for managing smart grid 
information, and designed— 
(1) to accommodate traditional, centralized generation and 
transmission resources and consumer distributed resources, 
including distributed generation, renewable generation, energy 
storage, energy efficiency, and demand response and enabling 
devices and systems; 
(2) to be flexible to incorporate— 
(A) regional and organizational differences; and 
(B) technological innovations; 
(3) to consider the use of voluntary uniform standards 
for certain classes of mass-produced electric appliances and 
equipment for homes and businesses that enable customers, 
at their election and consistent with applicable State and Fed-
eral laws, and are manufactured with the ability to respond 
to electric grid emergencies and demand response signals by 
curtailing all, or a portion of, the electrical power consumed 
by the appliances or equipment in response to an emergency 
or demand response signal, including through— 
(A) load reduction to reduce total electrical demand; 
(B) adjustment of load to provide grid ancillary serv-
ices; and 
(C) in the event of a reliability crisis that threatens 
an outage, short-term load shedding to help preserve the 
stability of the grid; and 
(4) such voluntary standards should incorporate appro-
priate manufacturer lead time. 
(c) TIMING OF FRAMEWORK DEVELOPMENT.—The Institute shall 
begin work pursuant to this section within 60 days of enactment. 
The Institute shall provide and publish an initial report on progress 
toward recommended or consensus standards and protocols within 
1 year after enactment, further reports at such times as develop-
ments warrant in the judgment of the Institute, and a final report 
when the Institute determines that the work is completed or that 
a Federal role is no longer necessary. 
(d) STANDARDS FOR INTEROPERABILITY IN FEDERAL JURISDIC-
TION.—At any time after the Institute’s work has led to sufficient 
consensus in the Commission’s judgment, the Commission shall 
institute a rulemaking proceeding to adopt such standards and 
protocols as may be necessary to insure smart-grid functionality 
and interoperability in interstate transmission of electric power, 
and regional and wholesale electricity markets. 
(e) AUTHORIZATION.—There are authorized to be appropriated 
for the purposes of this section $5,000,000 to the Institute to support 
the activities required by this subsection for each of fiscal years 
2008 through 2012. 
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121 STAT. 1789 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 1306. FEDERAL MATCHING FUND FOR SMART GRID INVESTMENT 
COSTS. 
(a) MATCHING FUND.—The Secretary shall establish a Smart 
Grid Investment Matching Grant Program to provide reimburse-
ment of one-fifth (20 percent) of qualifying Smart Grid investments. 
(b) QUALIFYING INVESTMENTS.—Qualifying Smart Grid invest-
ments may include any of the following made on or after the 
date of enactment of this Act: 
(1) In the case of appliances covered for purposes of estab-
lishing energy conservation standards under part B of title 
III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291 et seq.), the documented expenditures incurred 
by a manufacturer of such appliances associated with pur-
chasing or designing, creating the ability to manufacture, and 
manufacturing and installing for one calendar year, internal 
devices that allow the appliance to engage in Smart Grid func-
tions. 
(2) In the case of specialized electricity-using equipment, 
including motors and drivers, installed in industrial or commer-
cial applications, the documented expenditures incurred by its 
owner or its manufacturer of installing devices or modifying 
that equipment to engage in Smart Grid functions. 
(3) In the case of transmission and distribution equipment 
fitted with monitoring and communications devices to enable 
smart grid functions, the documented expenditures incurred 
by the electric utility to purchase and install such monitoring 
and communications devices. 
(4) In the case of metering devices, sensors, control devices, 
and other devices integrated with and attached to an electric 
utility system or retail distributor or marketer of electricity 
that are capable of engaging in Smart Grid functions, the 
documented expenditures incurred by the electric utility, dis-
tributor, or marketer and its customers to purchase and install 
such devices. 
(5) In the case of software that enables devices or computers 
to engage in Smart Grid functions, the documented purchase 
costs of the software. 
(6) In the case of entities that operate or coordinate oper-
ations of regional electric grids, the documented expenditures 
for purchasing and installing such equipment that allows Smart 
Grid functions to operate and be combined or coordinated 
among multiple electric utilities and between that region and 
other regions. 
(7) In the case of persons or entities other than electric 
utilities owning and operating a distributed electricity gener-
ator, the documented expenditures of enabling that generator 
to be monitored, controlled, or otherwise integrated into grid 
operations and electricity flows on the grid utilizing Smart 
Grid functions. 
(8) In the case of electric or hybrid-electric vehicles, the 
documented expenses for devices that allow the vehicle to 
engage in Smart Grid functions (but not the costs of electricity 
storage for the vehicle). 
(9) The documented expenditures related to purchasing 
and implementing Smart Grid functions in such other cases 
as the Secretary shall identify. In making such grants, the 
Secretary shall seek to reward innovation and early adaptation, 
42 USC 17386. 
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121 STAT. 1790 
PUBLIC LAW 110–140—DEC. 19, 2007 
even if success is not complete, rather than deployment of 
proven and commercially viable technologies. 
(c) INVESTMENTS
NOT
INCLUDED.—Qualifying Smart Grid 
investments do not include any of the following: 
(1) Investments or expenditures for Smart Grid tech-
nologies, devices, or equipment that are eligible for specific 
tax credits or deductions under the Internal Revenue Code, 
as amended. 
(2) Expenditures for electricity generation, transmission, 
or distribution infrastructure or equipment not directly related 
to enabling Smart Grid functions. 
(3) After the final date for State consideration of the Smart 
Grid Information Standard under section 1307 (paragraph (17) 
of section 111(d) of the Public Utility Regulatory Policies Act 
of 1978), an investment that is not in compliance with such 
standard. 
(4) After the development and publication by the Institute 
of protocols and model standards for interoperability of smart 
grid devices and technologies, an investment that fails to incor-
porate any of such protocols or model standards. 
(5) Expenditures for physical interconnection of generators 
or other devices to the grid except those that are directly 
related to enabling Smart Grid functions. 
(6) Expenditures for ongoing salaries, benefits, or personnel 
costs not incurred in the initial installation, training, or start 
up of smart grid functions. 
(7) Expenditures for travel, lodging, meals or other personal 
costs. 
(8) Ongoing or routine operation, billing, customer rela-
tions, security, and maintenance expenditures. 
(9) Such other expenditures that the Secretary determines 
not to be Qualifying Smart Grid Investments by reason of 
the lack of the ability to perform Smart Grid functions or 
lack of direct relationship to Smart Grid functions. 
(d) SMART GRID FUNCTIONS.—The term ‘‘smart grid functions’’ 
means any of the following: 
(1) The ability to develop, store, send and receive digital 
information concerning electricity use, costs, prices, time of 
use, nature of use, storage, or other information relevant to 
device, grid, or utility operations, to or from or by means 
of the electric utility system, through one or a combination 
of devices and technologies. 
(2) The ability to develop, store, send and receive digital 
information concerning electricity use, costs, prices, time of 
use, nature of use, storage, or other information relevant to 
device, grid, or utility operations to or from a computer or 
other control device. 
(3) The ability to measure or monitor electricity use as 
a function of time of day, power quality characteristics such 
as voltage level, current, cycles per second, or source or type 
of generation and to store, synthesize or report that information 
by digital means. 
(4) The ability to sense and localize disruptions or changes 
in power flows on the grid and communicate such information 
instantaneously and automatically for purposes of enabling 
automatic protective responses to sustain reliability and secu-
rity of grid operations. 
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121 STAT. 1791 
PUBLIC LAW 110–140—DEC. 19, 2007 
(5) The ability to detect, prevent, communicate with regard 
to, respond to, or recover from system security threats, 
including cyber-security threats and terrorism, using digital 
information, media, and devices. 
(6) The ability of any appliance or machine to respond 
to such signals, measurements, or communications automati-
cally or in a manner programmed by its owner or operator 
without independent human intervention. 
(7) The ability to use digital information to operate 
functionalities on the electric utility grid that were previously 
electro-mechanical or manual. 
(8) The ability to use digital controls to manage and modify 
electricity demand, enable congestion management, assist in 
voltage control, provide operating reserves, and provide fre-
quency regulation. 
(9) Such other functions as the Secretary may identify 
as being necessary or useful to the operation of a Smart Grid. 
(e) The Secretary shall— 
(1) establish and publish in the Federal Register, within 
1 year after the enactment of this Act procedures by which 
applicants who have made qualifying Smart Grid investments 
can seek and obtain reimbursement of one-fifth of their docu-
mented expenditures; 
(2) establish procedures to ensure that there is no duplica-
tion or multiple reimbursement for the same investment or 
costs, that the reimbursement goes to the party making the 
actual expenditures for Qualifying Smart Grid Investments, 
and that the grants made have significant effect in encouraging 
and facilitating the development of a smart grid; 
(3) maintain public records of reimbursements made, recipi-
ents, and qualifying Smart Grid investments which have 
received reimbursements; 
(4) establish procedures to provide, in cases deemed by 
the Secretary to be warranted, advance payment of moneys 
up to the full amount of the projected eventual reimbursement, 
to creditworthy applicants whose ability to make Qualifying 
Smart Grid Investments may be hindered by lack of initial 
capital, in lieu of any later reimbursement for which that 
applicant qualifies, and subject to full return of the advance 
payment in the event that the Qualifying Smart Grid invest-
ment is not made; and 
(5) have and exercise the discretion to deny grants for 
investments that do not qualify in the reasonable judgment 
of the Secretary. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary such sums as are necessary 
for the administration of this section and the grants to be made 
pursuant to this section for fiscal years 2008 through 2012. 
SEC. 1307. STATE CONSIDERATION OF SMART GRID. 
(a) Section 111(d) of the Public Utility Regulatory Policies Act 
of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end 
the following: 
‘‘(16) CONSIDERATION OF SMART GRID INVESTMENTS.— 
‘‘(A) IN GENERAL.—Each State shall consider requiring 
that, prior to undertaking investments in nonadvanced grid 
technologies, an electric utility of the State demonstrate 
Records. 
Federal Register, 
publication. 
Deadline. 
Procedures. 
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121 STAT. 1792 
PUBLIC LAW 110–140—DEC. 19, 2007 
to the State that the electric utility considered an invest-
ment in a qualified smart grid system based on appropriate 
factors, including— 
‘‘(i) total costs; 
‘‘(ii) cost-effectiveness; 
‘‘(iii) improved reliability; 
‘‘(iv) security; 
‘‘(v) system performance; and 
‘‘(vi) societal benefit. 
‘‘(B) RATE
RECOVERY.—Each State shall consider 
authorizing each electric utility of the State to recover 
from ratepayers any capital, operating expenditure, or 
other costs of the electric utility relating to the deployment 
of a qualified smart grid system, including a reasonable 
rate of return on the capital expenditures of the electric 
utility for the deployment of the qualified smart grid 
system. 
‘‘(C) OBSOLETE EQUIPMENT.—Each State shall consider 
authorizing any electric utility or other party of the State 
to deploy a qualified smart grid system to recover in a 
timely manner the remaining book-value costs of any equip-
ment rendered obsolete by the deployment of the qualified 
smart grid system, based on the remaining depreciable 
life of the obsolete equipment. 
‘‘(17) SMART GRID INFORMATION.— 
‘‘(A) STANDARD.—All electricity purchasers shall be pro-
vided direct access, in written or electronic machine-read-
able form as appropriate, to information from their elec-
tricity provider as provided in subparagraph (B). 
‘‘(B) INFORMATION.—Information provided under this 
section, to the extent practicable, shall include: 
‘‘(i) PRICES.—Purchasers and other interested per-
sons shall be provided with information on— 
‘‘(I) time-based electricity prices in the whole-
sale electricity market; and 
‘‘(II) time-based electricity retail prices or rates 
that are available to the purchasers. 
‘‘(ii) USAGE.—Purchasers shall be provided with 
the number of electricity units, expressed in kwh, pur-
chased by them. 
‘‘(iii) INTERVALS
AND
PROJECTIONS.—Updates of 
information on prices and usage shall be offered on 
not less than a daily basis, shall include hourly price 
and use information, where available, and shall include 
a day-ahead projection of such price information to 
the extent available. 
‘‘(iv) SOURCES.—Purchasers and other interested 
persons shall be provided annually with written 
information on the sources of the power provided by 
the utility, to the extent it can be determined, by 
type of generation, including greenhouse gas emissions 
associated with each type of generation, for intervals 
during which such information is available on a cost- 
effective basis. 
‘‘(C) ACCESS.—Purchasers shall be able to access their 
own information at any time through the Internet and 
on other means of communication elected by that utility 
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121 STAT. 1793 
PUBLIC LAW 110–140—DEC. 19, 2007 
for Smart Grid applications. Other interested persons shall 
be able to access information not specific to any purchaser 
through the Internet. Information specific to any purchaser 
shall be provided solely to that purchaser.’’. 
(b) COMPLIANCE.— 
(1) TIME LIMITATIONS.—Section 112(b) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
by adding the following at the end thereof: 
‘‘(6)(A) Not later than 1 year after the enactment of this 
paragraph, each State regulatory authority (with respect to 
each electric utility for which it has ratemaking authority) 
and each nonregulated utility shall commence the consideration 
referred to in section 111, or set a hearing date for consider-
ation, with respect to the standards established by paragraphs 
(17) through (18) of section 111(d). 
‘‘(B) Not later than 2 years after the date of the enactment 
of this paragraph, each State regulatory authority (with respect 
to each electric utility for which it has ratemaking authority), 
and each nonregulated electric utility, shall complete the consid-
eration, and shall make the determination, referred to in section 
111 with respect to each standard established by paragraphs 
(17) through (18) of section 111(d).’’. 
(2) FAILURE
TO
COMPLY.—Section 112(c) of the Public 
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
amended by adding the following at the end: 
‘‘In the case of the standards established by paragraphs (16) 
through (19) of section 111(d), the reference contained in this sub-
section to the date of enactment of this Act shall be deemed to 
be a reference to the date of enactment of such paragraphs.’’. 
(3) PRIOR
STATE
ACTIONS.—Section 112(d) of the Public 
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) 
is amended by inserting ‘‘and paragraphs (17) through (18)’’ 
before ‘‘of section 111(d)’’. 
SEC. 1308. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE 
DEVELOPMENT OF COMBINED HEAT AND POWER FACILI-
TIES. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
States and other appropriate entities, shall conduct a study 
of the laws (including regulations) affecting the siting of pri-
vately owned electric distribution wires on and across public 
rights-of-way. 
(2) REQUIREMENTS.—The study under paragraph (1) shall 
include— 
(A) an evaluation of— 
(i) the purposes of the laws; and 
(ii) the effect the laws have on the development 
of combined heat and power facilities; 
(B) a determination of whether a change in the laws 
would have any operating, reliability, cost, or other impacts 
on electric utilities and the customers of the electric utili-
ties; and 
(C) an assessment of— 
(i) whether privately owned electric distribution 
wires would result in duplicative facilities; and 
Deadlines. 
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121 STAT. 1794 
PUBLIC LAW 110–140—DEC. 19, 2007 
(ii) whether duplicative facilities are necessary or 
desirable. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to Congress a report that 
describes the results of the study conducted under subsection (a). 
SEC. 1309. DOE STUDY OF SECURITY ATTRIBUTES OF SMART GRID 
SYSTEMS. 
(a) DOE STUDY.—The Secretary shall, within 18 months after 
the date of enactment of this Act, submit a report to Congress 
that provides a quantitative assessment and determination of the 
existing and potential impacts of the deployment of Smart Grid 
systems on improving the security of the Nation’s electricity infra-
structure and operating capability. The report shall include but 
not be limited to specific recommendations on each of the following: 
(1) How smart grid systems can help in making the Nation’s 
electricity system less vulnerable to disruptions due to inten-
tional acts against the system. 
(2) How smart grid systems can help in restoring the 
integrity of the Nation’s electricity system subsequent to disrup-
tions. 
(3) How smart grid systems can facilitate nationwide, inter-
operable emergency communications and control of the Nation’s 
electricity system during times of localized, regional, or nation-
wide emergency. 
(4) What risks must be taken into account that smart 
grid systems may, if not carefully created and managed, create 
vulnerability to security threats of any sort, and how such 
risks may be mitigated. 
(b) CONSULTATION.—The Secretary shall consult with other Fed-
eral agencies in the development of the report under this section, 
including but not limited to the Secretary of Homeland Security, 
the Federal Energy Regulatory Commission, and the Electric Reli-
ability Organization certified by the Commission under section 
215(c) of the Federal Power Act (16 U.S.C. 824o) as added by 
section 1211 of the Energy Policy Act of 2005 (Public Law 109– 
58; 119 Stat. 941). 
TITLE XIV—POOL AND SPA SAFETY 
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘Virginia Graeme Baker Pool 
and Spa Safety Act’’. 
SEC. 1402. FINDINGS. 
Congress finds the following: 
(1) Of injury-related deaths, drowning is the second leading 
cause of death in children aged 1 to 14 in the United States. 
(2) In 2004, 761 children aged 14 and under died as a 
result of unintentional drowning. 
(3) Adult supervision at all aquatic venues is a critical 
safety factor in preventing children from drowning. 
(4) Research studies show that the installation and proper 
use of barriers or fencing, as well as additional layers of protec-
tion, could substantially reduce the number of childhood resi-
dential swimming pool drownings and near drownings. 
15 USC 8001. 
Virginia Graeme 
Baker Pool and 
Spa Safety Act. 
15 USC 8001 
note. 
Deadline. 
Reports. 
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121 STAT. 1795 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 1403. DEFINITIONS. 
In this title: 
(1) ASME/ANSI.—The term ‘‘ASME/ANSI’’ as applied to 
a safety standard means such a standard that is accredited 
by the American National Standards Institute and published 
by the American Society of Mechanical Engineers. 
(2) BARRIER.—The term ‘‘barrier’’ includes a natural or 
constructed topographical feature that prevents unpermitted 
access by children to a swimming pool, and, with respect to 
a hot tub, a lockable cover. 
(3) COMMISSION.—The term ‘‘Commission’’ means the Con-
sumer Product Safety Commission. 
(4) MAIN DRAIN.—The term ‘‘main drain’’ means a sub-
merged suction outlet typically located at the bottom of a pool 
or spa to conduct water to a recirculating pump. 
(5) SAFETY VACUUM RELEASE SYSTEM.—The term ‘‘safety 
vacuum release system’’ means a vacuum release system 
capable of providing vacuum release at a suction outlet caused 
by a high vacuum occurrence due to a suction outlet flow 
blockage. 
(6) SWIMMING POOL; SPA.—The term ‘‘swimming pool’’ or 
‘‘spa’’ means any outdoor or indoor structure intended for swim-
ming or recreational bathing, including in-ground and above- 
ground structures, and includes hot tubs, spas, portable spas, 
and non-portable wading pools. 
(7) UNBLOCKABLE DRAIN.—The term ‘‘unblockable drain’’ 
means a drain of any size and shape that a human body 
cannot sufficiently block to create a suction entrapment hazard. 
SEC. 1404. FEDERAL SWIMMING POOL AND SPA DRAIN COVER 
STANDARD. 
(a) CONSUMER
PRODUCT
SAFETY
RULE.—The requirements 
described in subsection (b) shall be treated as a consumer product 
safety rule issued by the Consumer Product Safety Commission 
under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). 
(b) DRAIN COVER STANDARD.—Effective 1 year after the date 
of enactment of this title, each swimming pool or spa drain cover 
manufactured, distributed, or entered into commerce in the United 
States shall conform to the entrapment protection standards of 
the ASME/ANSI A112.19.8 performance standard, or any successor 
standard regulating such swimming pool or drain cover. 
(c) PUBLIC POOLS.— 
(1) REQUIRED EQUIPMENT.— 
(A) IN GENERAL.—Beginning 1 year after the date of 
enactment of this title— 
(i) each public pool and spa in the United States 
shall be equipped with anti-entrapment devices or sys-
tems that comply with the ASME/ANSI A112.19.8 
performance standard, or any successor standard; and 
(ii) each public pool and spa in the United States 
with a single main drain other than an unblockable 
drain shall be equipped, at a minimum, with 1 or 
more of the following devices or systems designed to 
prevent entrapment by pool or spa drains that meets 
the requirements of subparagraph (B): 
(I) SAFETY VACUUM RELEASE SYSTEM.—A safety 
vacuum release system which ceases operation of 
Effective date. 
Effective date. 
15 USC 8003. 
15 USC 8002. 
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121 STAT. 1796 
PUBLIC LAW 110–140—DEC. 19, 2007 
the pump, reverses the circulation flow, or other-
wise provides a vacuum release at a suction outlet 
when a blockage is detected, that has been tested 
by an independent third party and found to con-
form to ASME/ANSI standard A112.19.17 or 
ASTM standard F2387. 
(II) SUCTION-LIMITING VENT SYSTEM.—A suc-
tion-limiting vent system with a tamper-resistant 
atmospheric opening. 
(III) GRAVITY
DRAINAGE
SYSTEM.—A gravity 
drainage system that utilizes a collector tank. 
(IV) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An 
automatic pump shut-off system. 
(V) DRAIN DISABLEMENT.—A device or system 
that disables the drain. 
(VI) OTHER
SYSTEMS.—Any other system 
determined by the Commission to be equally effec-
tive as, or better than, the systems described in 
subclauses (I) through (V) of this clause at pre-
venting or eliminating the risk of injury or death 
associated with pool drainage systems. 
(B) APPLICABLE
STANDARDS.—Any device or system 
described in subparagraph (A)(ii) shall meet the require-
ments of any ASME/ANSI or ASTM performance standard 
if there is such a standard for such a device or system, 
or any applicable consumer product safety standard. 
(2) PUBLIC POOL AND SPA DEFINED.—In this subsection, 
the term ‘‘public pool and spa’’ means a swimming pool or 
spa that is— 
(A) open to the public generally, whether for a fee 
or free of charge; 
(B) open exclusively to— 
(i) members of an organization and their guests; 
(ii) residents of a multi-unit apartment building, 
apartment complex, residential real estate develop-
ment, or other multi-family residential area (other than 
a municipality, township, or other local government 
jurisdiction); or 
(iii) patrons of a hotel or other public accommoda-
tions facility; or 
(C) operated by the Federal Government (or by a 
concessionaire on behalf of the Federal Government) for 
the benefit of members of the Armed Forces and their 
dependents or employees of any department or agency and 
their dependents. 
(3) ENFORCEMENT.—Violation of paragraph (1) shall be 
considered to be a violation of section 19(a)(1) of the Consumer 
Product Safety Act (15 U.S.C. 2068(a)(1)) and may also be 
enforced under section 17 of that Act (15 U.S.C. 2066). 
SEC. 1405. STATE SWIMMING POOL SAFETY GRANT PROGRAM. 
(a) IN GENERAL.—Subject to the availability of appropriations 
authorized by subsection (e), the Commission shall establish a grant 
program to provide assistance to eligible States. 
(b) ELIGIBILITY.—To be eligible for a grant under the program, 
a State shall— 
15 USC 8004. 
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121 STAT. 1797 
PUBLIC LAW 110–140—DEC. 19, 2007 
(1) demonstrate to the satisfaction of the Commission that 
it has a State statute, or that, after the date of enactment 
of this title, it has enacted a statute, or amended an existing 
statute, and provides for the enforcement of, a law that— 
(A) except as provided in section 1406(a)(1)(A)(i), 
applies to all swimming pools in the State; and 
(B) meets the minimum State law requirements of 
section 1406; and 
(2) submit an application to the Commission at such time, 
in such form, and containing such additional information as 
the Commission may require. 
(c) AMOUNT OF GRANT.—The Commission shall determine the 
amount of a grant awarded under this title, and shall consider— 
(1) the population and relative enforcement needs of each 
qualifying State; and 
(2) allocation of grant funds in a manner designed to pro-
vide the maximum benefit from the program in terms of pro-
tecting children from drowning or entrapment, and, in making 
that allocation, shall give priority to States that have not 
received a grant under this title in a preceding fiscal year. 
(d) USE OF GRANT FUNDS.—A State receiving a grant under 
this section shall use— 
(1) at least 50 percent of amounts made available to hire 
and train enforcement personnel for implementation and 
enforcement of standards under the State swimming pool and 
spa safety law; and 
(2) the remainder— 
(A) to educate pool construction and installation compa-
nies and pool service companies about the standards; 
(B) to educate pool owners, pool operators, and other 
members of the public about the standards under the swim-
ming pool and spa safety law and about the prevention 
of drowning or entrapment of children using swimming 
pools and spas; and 
(C) to defray administrative costs associated with such 
training and education programs. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Commission for each of fiscal years 2009 
and 2010 $2,000,000 to carry out this section, such sums to remain 
available until expended. Any amounts appropriated pursuant to 
this subsection that remain unexpended and unobligated at the 
end of fiscal year 2010 shall be retained by the Commission and 
credited to the appropriations account that funds enforcement of 
the Consumer Product Safety Act. 
SEC. 1406. MINIMUM STATE LAW REQUIREMENTS. 
(a) IN GENERAL.— 
(1) SAFETY STANDARDS.—A State meets the minimum State 
law requirements of this section if— 
(A) the State requires by statute— 
(i) the enclosure of all outdoor residential pools 
and spas by barriers to entry that will effectively pre-
vent small children from gaining unsupervised and 
unfettered access to the pool or spa; 
(ii) that all pools and spas be equipped with devices 
and systems designed to prevent entrapment by pool 
or spa drains; 
15 USC 8005. 
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121 STAT. 1798 
PUBLIC LAW 110–140—DEC. 19, 2007 
(iii) that pools and spas built more than 1 year 
after the date of the enactment of such statute have— 
(I) more than 1 drain; 
(II) 1 or more unblockable drains; or 
(III) no main drain; 
(iv) every swimming pool and spa that has a main 
drain, other than an unblockable drain, be equipped 
with a drain cover that meets the consumer product 
safety standard established by section 1404; and 
(v) that periodic notification is provided to owners 
of residential swimming pools or spas about compliance 
with the entrapment protection standards of the 
ASME/ANSI A112.19.8 performance standard, or any 
successor standard; and 
(B) the State meets such additional State law require-
ments for pools and spas as the Commission may establish 
after public notice and a 30-day public comment period. 
(2) NO
LIABILITY
INFERENCE
ASSOCIATED
WITH
STATE 
NOTIFICATION REQUIREMENT.—The minimum State law notifica-
tion requirement under paragraph (1)(A)(v) shall not be con-
strued to imply any liability on the part of a State related 
to that requirement. 
(3) USE
OF
MINIMUM
STATE
LAW
REQUIREMENTS.—The 
Commission— 
(A) shall use the minimum State law requirements 
under paragraph (1) solely for the purpose of determining 
the eligibility of a State for a grant under section 1405 
of this Act; and 
(B) may not enforce any requirement under paragraph 
(1) except for the purpose of determining the eligibility 
of a State for a grant under section 1405 of this Act. 
(4) REQUIREMENTS
TO
REFLECT
NATIONAL
PERFORMANCE 
STANDARDS AND COMMISSION GUIDELINES.—In establishing min-
imum State law requirements under paragraph (1), the 
Commission shall— 
(A) consider current or revised national performance 
standards on pool and spa barrier protection and entrap-
ment prevention; and 
(B) ensure that any such requirements are consistent 
with the guidelines contained in the Commission’s publica-
tion 362, entitled ‘‘Safety Barrier Guidelines for Home 
Pools’’, the Commission’s publication entitled ‘‘Guidelines 
for Entrapment Hazards: Making Pools and Spas Safer’’, 
and any other pool safety guidelines established by the 
Commission. 
(b) STANDARDS.—Nothing in this section prevents the Commis-
sion from promulgating standards regulating pool and spa safety 
or from relying on an applicable national performance standard. 
(c) BASIC ACCESS-RELATED SAFETY DEVICES AND EQUIPMENT 
REQUIREMENTS TO BE CONSIDERED.—In establishing minimum 
State law requirements for swimming pools and spas under sub-
section (a)(1), the Commission shall consider the following require-
ments: 
(1) COVERS.—A safety pool cover. 
(2) GATES.—A gate with direct access to the swimming 
pool or spa that is equipped with a self-closing, self-latching 
device. 
Notification. 
Comment period. 
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121 STAT. 1799 
PUBLIC LAW 110–140—DEC. 19, 2007 
(3) DOORS.—Any door with direct access to the swimming 
pool or spa that is equipped with an audible alert device or 
alarm which sounds when the door is opened. 
(4) POOL ALARM.—A device designed to provide rapid detec-
tion of an entry into the water of a swimming pool or spa. 
(d) ENTRAPMENT, ENTANGLEMENT, AND EVISCERATION PREVEN-
TION STANDARDS TO BE REQUIRED.— 
(1) IN GENERAL.—In establishing additional minimum State 
law requirements for swimming pools and spas under sub-
section (a)(1), the Commission shall require, at a minimum, 
1 or more of the following (except for pools constructed without 
a single main drain): 
(A) SAFETY
VACUUM
RELEASE
SYSTEM.—A safety 
vacuum release system which ceases operation of the pump, 
reverses the circulation flow, or otherwise provides a 
vacuum release at a suction outlet when a blockage is 
detected, that has been tested by an independent third 
party and found to conform to ASME/ANSI standard 
A112.19.17 or ASTM standard F2387, or any successor 
standard. 
(B) SUCTION-LIMITING
VENT
SYSTEM.—A suction-lim-
iting vent system with a tamper-resistant atmospheric 
opening. 
(C) GRAVITY DRAINAGE SYSTEM.—A gravity drainage 
system that utilizes a collector tank. 
(D) AUTOMATIC PUMP SHUT-OFF SYSTEM.—An automatic 
pump shut-off system. 
(E) DRAIN DISABLEMENT.—A device or system that dis-
ables the drain. 
(F) OTHER
SYSTEMS.—Any other system determined 
by the Commission to be equally effective as, or better 
than, the systems described in subparagraphs (A) through 
(E) of this paragraph at preventing or eliminating the 
risk of injury or death associated with pool drainage sys-
tems. 
(2) 
APPLICABLE
STANDARDS.—Any 
device 
or 
system 
described in subparagraphs (B) through (E) of paragraph (1) 
shall meet the requirements of any ASME/ANSI or ASTM 
performance standard if there is such a standard for such 
a device or system, or any applicable consumer product safety 
standard. 
SEC. 1407. EDUCATION PROGRAM. 
(a) IN GENERAL.—The Commission shall establish and carry 
out an education program to inform the public of methods to prevent 
drowning and entrapment in swimming pools and spas. In carrying 
out the program, the Commission shall develop— 
(1) educational materials designed for pool manufacturers, 
pool service companies, and pool supply retail outlets; 
(2) educational materials designed for pool owners and 
operators; and 
(3) a national media campaign to promote awareness of 
pool and spa safety. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Commission for each of the fiscal years 
2008 through 2012 $5,000,000 to carry out the education program 
authorized by subsection (a). 
15 USC 8006. 
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121 STAT. 1800 
PUBLIC LAW 110–140—DEC. 19, 2007 
SEC. 1408. CPSC REPORT. 
Not later than 1 year after the last day of each fiscal year 
for which grants are made under section 1405, the Commission 
shall submit to Congress a report evaluating the implementation 
of the grant program authorized by that section. 
TITLE XV—REVENUE PROVISIONS 
SEC. 1500. AMENDMENT OF 1986 CODE. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Internal Revenue Code of 1986. 
SEC. 1501. EXTENSION OF ADDITIONAL 0.2 PERCENT FUTA SURTAX. 
(a) IN GENERAL.—Section 3301 (relating to rate of tax) is 
amended— 
(1) by striking ‘‘2007’’ in paragraph (1) and inserting ‘‘2008’’, 
and 
(2) by striking ‘‘2008’’ in paragraph (2) and inserting ‘‘2009’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply to wages paid after December 31, 2007. 
SEC. 1502. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL 
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL 
COMPANIES. 
(a) IN
GENERAL.—Subparagraph (A) of section 167(h)(5) 
(relating to special rule for major integrated oil companies) is 
amended by striking ‘‘5-year’’ and inserting ‘‘7-year’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall apply to amounts paid or incurred after the date of the 
enactment of this Act. 
26 USC 167 note. 
26 USC 167. 
26 USC 3301 
note. 
26 USC 3301. 
15 USC 8007. 
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121 STAT. 1801 
PUBLIC LAW 110–140—DEC. 19, 2007 
LEGISLATIVE HISTORY—H.R. 6: 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
Jan. 18, considered and passed House. 
June 12–15, 18–21, considered and passed Senate, amended. 
Dec. 6, House concurred in Senate amendments with amendments. 
Dec. 12, 13, Senate considered and concurred in House amendments with an 
amendment. 
Dec. 18, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 
Dec. 19, Presidential remarks. 
TITLE XVI—EFFECTIVE DATE 
SEC. 1601. EFFECTIVE DATE. 
This Act and the amendments made by this Act take effect 
on the date that is 1 day after the date of enactment of this 
Act. 
Approved December 19, 2007. 
2 USC 1824 note. 
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