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H.R. 3221 (110th): Housing and Economic Recovery Act of 2008

The text of the bill below is as of Aug 4, 2007 (Passed the House (Engrossed)).

Source: GPO

I

110th CONGRESS

1st Session

H. R. 3221

IN THE HOUSE OF REPRESENTATIVES

AN ACT

Moving the United States toward greater energy independence and security, developing innovative new technologies, reducing carbon emissions, creating green jobs, protecting consumers, increasing clean renewable energy production, and modernizing our energy infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation.

1.

Short titles; table of contents

(a)

Short titles

This Act may be cited as the New Direction for Energy Independence, National Security, and Consumer Protection Act and the Renewable Energy and Energy Conservation Tax Act of 2007.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short titles; table of contents.

Division A—New Direction for Energy Independence, National Security, and Consumer Protection Act

Title I—Green Jobs

Sec. 1001. Short title.

Sec. 1002. Energy efficiency and renewable energy worker training program.

Title II—International Climate Cooperation Re-engagement Act of 2007

Sec. 2001. Short title.

Sec. 2002. Definitions.

Subtitle A—United States policy on global climate change

Sec. 2101. Congressional findings.

Sec. 2102. Congressional statement of policy.

Sec. 2103. Office on Global Climate Change.

Sec. 2104. Report on progress made in promoting transparency in extractive industries resource payments.

Subtitle B—Assistance to promote clean and efficient energy technologies in foreign countries

Sec. 2201. Congressional findings.

Sec. 2202. United States assistance for developing countries.

Sec. 2203. United States exports and outreach programs for India, China, and other countries.

Sec. 2204. United States trade missions to encourage private sector trade and investment.

Sec. 2205. Actions by Overseas Private Investment Corporation.

Sec. 2206. Actions by United States Trade and Development Agency.

Sec. 2207. Global Climate Change Exchange program.

Sec. 2208. Interagency Working Group to support a Clean Energy Technology Exports Initiative.

Sec. 2209. Report on impact of global climate change on developing countries.

Subtitle C—International Clean Energy Foundation

Sec. 2301. Definitions.

Sec. 2302. Establishment and management of Foundation.

Sec. 2303. Duties of Foundation.

Sec. 2304. Annual report.

Sec. 2305. Powers of the Foundation; related provisions.

Sec. 2306. General personnel authorities.

Sec. 2307. Authorization of appropriations.

Title III—Small Energy Efficient Businesses

Sec. 3001. Short title.

Sec. 3002. Findings.

Sec. 3003. Larger 504 loan limits to help business develop energy efficient technologies and purchases.

Sec. 3004. Reduced 7(a) fees and higher loan guarantees for purchase of energy efficient technologies.

Sec. 3005. Small Business Sustainability Initiative.

Sec. 3006. Small Business Administration to educate and promote energy efficiency ideas to small businesses and work with the small business community to make such information widely available.

Sec. 3007. Energy saving debentures.

Sec. 3008. Investments in energy saving small businesses.

Sec. 3009. Renewable fuel capital investment company.

Sec. 3010. Study and report.

Title IV—Science and Technology

Subtitle A—Advanced Research Projects Agency-Energy

Sec. 4001. Advanced Research Projects Agency-Energy.

Sec. 4002. Fund.

Sec. 4003. Advice.

Sec. 4004. ARPA–E evaluation.

Sec. 4005. Savings clause.

Subtitle B—Marine Renewable Energy Technologies

Sec. 4101. Short title.

Sec. 4102. Findings.

Sec. 4103. Definitions.

Sec. 4104. Marine renewable energy research and development.

Sec. 4105. National Marine Renewable Energy Research, Development, and Demonstration Centers.

Sec. 4106. Applicability of other laws.

Sec. 4107. Authorization of appropriations.

Subtitle C—Geothermal Energy

Sec. 4201. Short title.

Sec. 4202. Findings.

Sec. 4203. Definitions.

Sec. 4204. Hydrothermal research and development.

Sec. 4205. General geothermal systems research and development.

Sec. 4206. Enhanced geothermal systems research and development.

Sec. 4207. Geothermal energy production from oil and gas fields and recovery and production of geopressured gas resources.

Sec. 4208. Cost sharing and proposal evaluation.

Sec. 4209. Centers for Geothermal Technology Transfer.

Sec. 4210. GeoPowering America.

Sec. 4211. Educational pilot program.

Sec. 4212. Reports.

Sec. 4213. Applicability of other laws.

Sec. 4214. Authorization of appropriations.

Subtitle D—Solar Energy

Part 1—Research and Advancement

Sec. 4301. Short title.

Sec. 4302. Definitions.

Sec. 4303. Thermal energy storage research and development program.

Sec. 4304. Concentrating solar power commercial application studies.

Sec. 4305. Solar energy curriculum development and certification grants.

Sec. 4306. Daylighting systems and direct solar light pipe technology.

Sec. 4307. Solar Air Conditioning Research and Development Program.

Sec. 4308. Photovoltaic demonstration program.

Part 2—Development and Use of Solar Energy Products

Sec. 4311. Definitions.

Sec. 4312. Solar research and information program.

Sec. 4313. Certification of organizations to nominate.

Sec. 4314. Referendum.

Sec. 4315. Refunds.

Sec. 4316. Enforcement.

Sec. 4317. Investigations.

Sec. 4318. Administrative provision.

Subtitle E—Biofuels

Sec. 4401. Short title.

Sec. 4402. Biofuels and biorefinery information center.

Sec. 4403. Biofuels and advanced biofuels infrastructure.

Sec. 4404. Biodiesel.

Sec. 4405. Biogas.

Sec. 4406. Bioresearch centers for systems biology program.

Sec. 4407. Grants for biofuel production research and development in certain States.

Sec. 4408. Biorefinery energy efficiency.

Sec. 4409. Study of increased consumption of ethanol-blended gasoline with higher levels of ethanol.

Sec. 4410. Study of optimization of flexible fueled vehicles to use E–85 fuel.

Sec. 4411. Study of engine durability and performance associated with the use of biodiesel.

Sec. 4412. Bioenergy research and development, authorization of appropriation.

Sec. 4413. Environmental research and development.

Sec. 4414. Study of optimization of biogas used in natural gas vehicles.

Sec. 4415. Standards for biofuels dispensers.

Sec. 4416. Algal biomass.

Sec. 4417. University based research and development grant program.

Subtitle F—Carbon Capture and Storage

Sec. 4501. Short title.

Sec. 4502. Carbon capture and storage research, development, and demonstration program.

Sec. 4503. Review of large-scale programs.

Sec. 4504. Safety research.

Sec. 4505. Geological sequestration training and research.

Sec. 4506. University based research and development grant program.

Subtitle G—Global Change Research

Sec. 4601. Short title.

Part 1—Global change research

Sec. 4611. Findings and purpose.

Sec. 4612. Definitions.

Sec. 4613. Interagency cooperation and coordination.

Sec. 4614. United States Global Change Research Program.

Sec. 4615. National Global Change Research and Assessment Plan.

Sec. 4616. Budget coordination.

Sec. 4617. Vulnerability assessment.

Sec. 4618. Policy assessment.

Sec. 4619. Annual report.

Sec. 4620. Relation to other authorities.

Sec. 4621. Repeal.

Sec. 4622. Global change research information.

Sec. 4623. Ice sheet study and report.

Sec. 4624. Hurricane frequency and intensity study and report.

Part 2—Climate and other global change data management

Sec. 4631. Findings and purposes.

Sec. 4632. Definitions.

Sec. 4633. Interagency climate and other global change data management working group.

Subtitle H—H-Prize

Sec. 4701. H-Prize.

Title V—Agriculture Energy

Sec. 5001. Table of contents.

Sec. 5002. Federal procurement of biobased products.

Sec. 5003. Loan guarantees for biorefineries and biofuel production plants.

Sec. 5004. Biodiesel fuel education program.

Sec. 5005. Energy audit and renewable energy development program.

Sec. 5006. Renewable energy systems and energy efficiency improvements.

Sec. 5007. Biomass Research and Development Act of 2000.

Sec. 5008. Adjustments to the bioenergy program.

Sec. 5009. Research, extension, and educational programs on biobased energy technologies and products.

Sec. 5010. Energy Council of the Department of Agriculture.

Sec. 5011. Forest bioenergy research program.

Sec. 5012. Feedstock flexibility program for bioenergy producers.

Title VI—Carbon-Neutral Government

Sec. 6001. Short title.

Sec. 6002. Findings.

Subtitle A—Federal Government Inventory and Management of Greenhouse Gas Emissions

Sec. 6101. Inventory of Federal Government Greenhouse Gas Emissions.

Sec. 6102. Management of Federal Government Greenhouse Gas Emissions.

Sec. 6103. Pilot project for purchase of offsets and certificates.

Sec. 6104. Impact on agency’s primary mission.

Sec. 6105. Savings Clause.

Sec. 6106. Definitions.

Sec. 6107. Authorization of appropriations.

Subtitle B—Federal Government Energy Efficiency

Sec. 6201. Federal vehicle fleets.

Sec. 6202. Agency analyses for mobility acquisitions.

Sec. 6203. Federal procurement of energy efficient products.

Sec. 6204. Federal building energy efficiency performance standards.

Sec. 6205. Management of Federal building efficiency.

Sec. 6206. Leasing.

Sec. 6207. Procurement and acquisition of alternative fuels.

Sec. 6208. Contracts for renewable energy for executive agencies.

Sec. 6209. Government Efficiency Status Reports.

Sec. 6210. OMB Government Efficiency Reports and Scorecards.

Sec. 6211. Authorization of appropriations.

Sec. 6212. Judicial review.

Subtitle C—Telework Enhancement

Sec. 6301. Short title.

Sec. 6302. Federal Government telework requirement.

Sec. 6303. Training and monitoring.

Sec. 6304. Telework managing employee.

Sec. 6305. Annual telework agency rating.

Sec. 6306 Definitions.

Title VII—Natural Resources Committee Provisions

Sec. 7001. Short title.

Subtitle A—Energy Policy Act of 2005 Reforms

Sec. 7101. Fiscally responsible energy amendments.

Sec. 7102. Extension of deadline for consideration of applications for permits.

Sec. 7103. Oil shale and tar sands leasing.

Sec. 7104. Limitation of rebuttable presumption regarding application of categorical exclusion under NEPA for oil and gas exploration and development activities.

Sec. 7105. Best management practices.

Sec. 7106. Federal consistency appeals.

Subtitle B—Federal energy public accountability, integrity, and public interest

Chapter 1—Accountability and integrity in the Federal energy program

Sec. 7201. Audits.

Sec. 7202. Fines and penalties.

Chapter 2—Amendments to Federal Oil and Gas Royalty Management Act of 1982

Sec. 7211. Amendments to definitions.

Sec. 7212. Interest.

Sec. 7213. Obligation period.

Sec. 7214. Tolling agreements and subpoenas.

Sec. 7215. Liability for royalty payments.

Chapter 3—Public interest in the Federal Energy Program

Sec. 7221. Surface owner protection.

Sec. 7222. Onshore oil and gas reclamation and bonding.

Sec. 7223. Protection of water resources.

Sec. 7224. Due diligence fee.

Chapter 4—Wind energy

Sec. 7231. Wind Turbine Guidelines Advisory Committee.

Sec. 7232. Authorization of appropriations for research to study wind energy impacts on wildlife.

Sec. 7233. Enforcement.

Sec. 7234. Savings clause.

Chapter 5—Enhancing energy transmission

Sec. 7241. Power Marketing Administrations report.

Subtitle C—Alternative energy and efficiency

Sec. 7301. State ocean and coastal alternative energy planning.

Sec. 7302. Canal-side power production at Bureau of Reclamation projects.

Sec. 7303. Increasing energy efficiencies for water desalination.

Sec. 7304. Establishing a pilot program for the development of strategic solar reserves on Federal lands.

Sec. 7305. OTEC regulations.

Sec. 7306. Biomass utilization pilot program.

Sec. 7307. Programmatic environmental impact statement.

Subtitle D—Carbon capture and climate change mitigation

Chapter 1—Geological sequestration assessment

Sec. 7401. Short title.

Sec. 7402. National assessment.

Chapter 2—Terrestrial sequestration assessment

Sec. 7421. Requirement to conduct an assessment.

Sec. 7422. Methodology.

Sec. 7423. Completion of assessment and report.

Sec. 7424. Authorization of appropriations.

Chapter 3—Sequestration activities

Sec. 7431. Carbon dioxide storage inventory.

Sec. 7432. Framework for geological carbon sequestration on Federal lands.

Chapter 4—Natural Resources and Wildlife Programs

Subchapter A—Natural Resources Management and Climate Change

Sec. 7441. Natural Resources Management Council on Climate Change.

Subchapter B—National Policy and Strategy for Wildlife

Sec. 7451. Short title.

Sec. 7452. National policy on wildlife and global warming.

Sec. 7453. Definitions.

Sec. 7454. National strategy.

Sec. 7455. Advisory board.

Sec. 7456. Authorization of appropriations.

Subchapter C—State and tribal wildlife grants program

Sec. 7461. State and Tribal Wildlife Grants Program.

Chapter 5—Ocean Programs

Sec. 7471. Ocean Policy, Global Warming, and Acidification Program.

Sec. 7472. Planning for climate change in the coastal zone.

Sec. 7473. Enhancing climate change predictions.

Subtitle E—Royalties under offshore oil and gas leases

Sec. 7501. Short title.

Sec. 7502. Price thresholds for royalty suspension provisions.

Sec. 7503. Clarification of authority to impose price thresholds for certain lease sales.

Sec. 7504. Eligibility for new leases and the transfer of leases; conservation of resources fees.

Sec. 7505. Repeal of certain taxpayer subsidized royalty relief for the oil and gas industry.

Subtitle F—Additional provisions

Sec. 7601. Oil shale community impact assistance.

Sec. 7602. Additional notice requirements.

Sec. 7603. Davis-Bacon Act.

Sec. 7604. Roan Plateau, Colorado.

Sec. 7605. Report on status of regulations with respect to wind energy projects.

Title VIII—Transportation and Infrastructure

Sec. 8001. Short title.

Sec. 8002. Findings and purposes.

Subtitle A—Department of Transportation

Sec. 8101. Center for climate change and environment.

Subtitle B—Highways and Transit

Part 1—Public transportation

Sec. 8201. Grants to improve public transportation services.

Sec. 8202. Increased Federal share for Clean Air Act compliance.

Sec. 8203. Commuter rail transit enhancement.

Sec. 8204. Capital cost of contracting vanpool pilot program.

Part 2—Federal-Aid Highways

Sec. 8251. Increased Federal share for CMAQ projects.

Sec. 8252. Distribution of rescissions.

Sec. 8253. Sense of Congress regarding use of complete streets design techniques.

Subtitle C—Railroad and Pipeline Transportation

Part 1—Railroads

Sec. 8301. Advanced technology locomotive grant pilot program.

Sec. 8302. Capital grants for railroad track.

Part 2—Pipelines

Sec. 8311. Feasibility studies.

Subtitle D—Maritime transportation

Part 1—General Provisions

Sec. 8401. Short sea transportation initiative.

Sec. 8402. Short sea shipping eligibility for capital construction fund.

Sec. 8403. Report.

Part 2—Maritime Pollution

Sec. 8451. References.

Sec. 8452. Definitions.

Sec. 8453. Applicability.

Sec. 8454. Administration and enforcement.

Sec. 8455. Certificates.

Sec. 8456. Reception facilities.

Sec. 8457. Inspections.

Sec. 8458. Amendments to the protocol.

Sec. 8459. Penalties.

Sec. 8460. Effect on other laws.

Subtitle E—Aviation

Sec. 8501. Environmental mitigation pilot program.

Subtitle F—Public Buildings

Part 1—General Services Administration

Sec. 8601. Public building energy efficient and renewable energy systems.

Sec. 8602. Public building life-cycle costs.

Sec. 8603. Installation of photovoltaic system at department of energy headquarters building.

Part 2—Coast Guard

Sec. 8631. Prohibition on incandescent lamps by Coast Guard.

Part 3—Architect of the Capitol

Sec. 8651. Capitol complex photovoltaic roof feasibility study.

Sec. 8652. Capitol complex E–85 refueling station.

Sec. 8653. Energy and environmental measures in Capitol complex master plan.

Sec. 8654. Capitol Power Plant.

Sec. 8655. Promoting Maximum Efficiency in Operation of Capitol Power Plant.

Sec. 8656. Promoting Maximum Efficiency in Operation of Capitol Power Plant.

Subtitle G—Water Resources and Emergency Management Preparedness

Part 1—Water Resources

Sec. 8701. Policy of the United States.

Sec. 8702. 21st Century Water Commission.

Sec. 8703. Study of Potential Impacts of Climate Change on Water Resources and Water Quality.

Sec. 8704. Impacts of climate change on Corps of Engineers projects.

Part 2—Emergency Management

Sec. 8731. Effects of climate change on FEMA preparedness, response, recovery, and mitigation programs.

Title IX—Energy and Commerce

Subtitle A—Promoting Energy Efficiency

Sec. 9000. Short title.

Part 1—Appliance Efficiency

Sec. 9001. Energy standards for home appliances.

Sec. 9002. Electric motor efficiency standards.

Sec. 9003. Residential boilers.

Sec. 9004. Regional variations in heating or cooling standards.

Sec. 9005. Procedure for prescribing new or amended standards.

Sec. 9006. Expediting appliance standards rulemakings.

Sec. 9007. Correction of large air conditioner rule issuance constraint.

Sec. 9008. Definition of energy conservation standard.

Sec. 9009. Improving schedule for standards updating and clarifying State authority.

Sec. 9010. Updating appliance test procedures.

Sec. 9011. Furnace fan standard process.

Sec. 9012. Technical corrections.

Sec. 9013. Energy efficient standby power devices.

Sec. 9014. External power supply efficiency standards.

Sec. 9015. Standby mode.

Sec. 9016. Battery chargers.

Sec. 9017. Walk-in coolers and walk-in freezers.

Part 2—Lighting Efficiency

Sec. 9021. Efficient light bulbs.

Sec. 9022. Incandescent reflector lamps.

Sec. 9023. Use of energy efficient lighting fixtures and bulbs.

Sec. 9024. Metal halide lamp fixtures.

Part 3—Residential Building Efficiency

Sec. 9031. Encouraging stronger building codes.

Sec. 9032. Energy code improvements applicable to manufactured housing.

Sec. 9033. Baseline building designs.

Sec. 9034. Reauthorization of weatherization assistance program.

Sec. 9035. Renewable energy rebate program study.

Part 4—Commercial and Federal Building Efficiency

Sec. 9041. Definitions.

Sec. 9042. High-performance green Federal buildings.

Sec. 9043. Commercial high-performance green buildings.

Sec. 9044. Zero-energy commercial buildings initiative.

Sec. 9045. Public outreach.

Sec. 9046. Federal procurement.

Sec. 9047. Management of energy and water efficiency in Federal buildings.

Sec. 9048. Demonstration project.

Sec. 9049. Energy efficiency for data center buildings.

Sec. 9050. Authorization of appropriations.

Sec. 9051. Study and report on use of power management software.

Sec. 9052. High-performance green buildings retrofit loan guarantees.

Sec. 9053. Geothermal heat pump technology acceleration program.

Sec. 9054. Green meetings.

Sec. 9055. Energy sustainability and efficiency grants for institutions of higher education.

Part 5—Industrial Energy Efficiency

Sec. 9061. Industrial energy efficiency.

Part 6—Energy Efficiency of Public Institutions

Sec. 9071. Short title.

Sec. 9072. Findings.

Sec. 9073. Definitions.

Sec. 9074. Technical Assistance Program.

Sec. 9075. Revolving Fund.

Sec. 9076. Reauthorization of State energy programs.

Sec. 9077. Study on indoor environmental quality in schools.

Part 7—Energy Savings Performance Contracting

Sec. 9081. Definition of energy savings.

Sec. 9082. Financing flexibility.

Sec. 9083. Authority to enter into contracts; reports.

Sec. 9084. Permanent reauthorization.

Sec. 9085. Training Federal contracting officers to negotiate energy efficiency contracts.

Sec. 9086. Promoting long-term energy savings performance contracts and verifying savings.

Part 8—Advisory Committee on Energy Efficiency Financing

Sec. 9089. Advisory committee.

Part 9—Energy Efficiency Block Grant Program

Sec. 9091. Definitions.

Sec. 9092. Establishment of program.

Sec. 9093. Allocations.

Sec. 9094. Eligible activities.

Sec. 9095. Requirements.

Sec. 9096. Review and evaluation.

Sec. 9097. Technical Assistance and Education Program.

Sec. 9098. Authorization of appropriations.

Subtitle B—Smart Grid Facilitation

Sec. 9101. Short title.

Part 1—Smart Grid

Sec. 9111. Statement of policy on modernization of electricity grid.

Sec. 9112. Grid Modernization Commission.

Sec. 9113. Grid assessment and report.

Sec. 9114. Federal matching fund for smart grid investment costs.

Sec. 9115. Smart Grid technology deployment.

Sec. 9116. Smart Grid Information Requirements.

Sec. 9117. State consideration of incentives for Smart Grid.

Sec. 9118. DOE study of security attributes of Smart Grid systems.

Part 2—Demand response

Sec. 9121. Electricity sector demand response.

Subtitle C—Loan Guarantees

Sec. 9201. Amount of loans guaranteed.

Sec. 9202. Exclusion of categories.

Subtitle D—Renewable Fuel Infrastructure and International Cooperation

Part 1—Renewable fuel infrastructure

Sec. 9301. Renewable fuel infrastructure development.

Sec. 9302. Prohibition on franchise agreement restrictions related to renewable fuel infrastructure.

Sec. 9303. Renewable fuel dispenser requirements.

Sec. 9304. Pipeline feasibility study.

Sec. 9305. Study of ethanol-blended gasoline with greater levels of ethanol.

Sec. 9306. Study of the adequacy of railroad transportation of domestically-produced renewable fuel.

Sec. 9307. Standard specifications for biodiesel.

Sec. 9308. Grants for cellulosic ethanol production.

Sec. 9309. Consumer education campaign relating to flexible-fuel vehicles.

Sec. 9310. Review of new renewable fuels or new renewable fuel additives.

Sec. 9311. Domestic manufacturing conversion grant program.

Sec. 9312. Cellulosic ethanol and biofuels research.

Sec. 9313. Federal fleet fueling centers.

Sec. 9314. Study of impact of increased renewable fuel use.

Sec. 9315. Grants for renewable fuel production research and development in certain States.

Sec. 9316. Study of effect of oil prices.

Sec. 9317. Biodiesel as alternative fuel for CAFÉ purposes.

Part 2—United States-Israel energy cooperation

Sec. 9321. Short title.

Sec. 9322. Findings.

Sec. 9323. Grant program.

Sec. 9324. International Energy Advisory Board.

Sec. 9325. Definitions.

Sec. 9326. Termination.

Sec. 9327. Authorization of appropriations.

Sec. 9328. Constitutional authority.

Subtitle E—Advanced Plug-In Hybrid Vehicles and Components

Sec. 9401. Advanced battery loan guarantee program.

Sec. 9402. Domestic manufacturing conversion grant program.

Sec. 9403. Plug-in hybrid vehicle program.

Sec. 9404. Plug-in hybrid demonstration vehicles.

Sec. 9405. Incentive for Federal and State fleets for medium and heavy duty hybrids.

Sec. 9406. Inclusion of electric drive in Energy Policy Act of 1992.

Sec. 9407. Near-term electric drive transportation deployment program.

Sec. 9408. Studying the benefits of plug-in hybrid electric drive vehicles and electric drive transportation.

Subtitle F—Availability of Critical Energy Information

Sec. 9501. Findings.

Sec. 9502. Assessment of resources.

Subtitle G—Natural gas utilities

Sec. 9511. Natural gas utilities.

Subtitle H—Federal renewable portfolio standard

Sec. 9611. Federal renewable portfolio standard.

Subtitle I—Large and Small Scale Hydropower

Sec. 9621. Sense of Congress.

Division B—Renewable Energy and Energy Conservation Tax Act of 2007

Sec. 10001. Short title; amendment of 1986 Code; table of contents.

Title XI—Production incentives

Sec. 11001. Extension and modification of renewable energy credit.

Sec. 11002. Production credit for electricity produced from marine renewables.

Sec. 11003. Extension and modification of energy credit.

Sec. 11004. New clean renewable energy bonds.

Sec. 11005. Extension and modification of special rule to implement FERC and State electric restructuring policy.

Sec. 11006. Repeal of dollar limitation and allowance against alternative minimum tax for residential solar and fuel cell property credit.

Title XII—Conservation

Subtitle A—Transportation

Sec. 12001. Credit for plug-in hybrid vehicles.

Sec. 12002. Extension and modification of alternative fuel vehicle refueling property credit.

Sec. 12003. Extension and modification of credits for biodiesel and renewable diesel.

Sec. 12004. Credit for production of cellulosic alcohol.

Sec. 12005. Extension of transportation fringe benefit to bicycle commuters.

Sec. 12006. Modification of limitation on automobile depreciation.

Sec. 12007. Restructuring of New York Liberty Zone tax credits.

Subtitle B—Other conservation provisions

Sec. 12011. Qualified energy conservation bonds.

Sec. 12012. Qualified residential energy efficiency assistance bonds.

Sec. 12013. Extension of energy efficient commercial buildings deduction.

Sec. 12014. Modifications of energy efficient appliance credit for appliances produced after 2007.

Sec. 12015. Five-year applicable recovery period for depreciation of qualified energy management devices.

Title XIII—Revenue provisions

Subtitle A—Denial of oil and gas tax benefits

Sec. 13001. Denial of deduction for income attributable to domestic production of oil, natural gas, or primary products thereof.

Sec. 13002. 7-year amortization of geological and geophysical expenditures for certain major integrated oil companies.

Sec. 13003. Clarification of determination of foreign oil and gas extraction income.

Subtitle B—Clarification of eligibility for certain fuel credits

Sec. 13011. Clarification of eligibility for renewable diesel credit.

Sec. 13012. Clarification that credits for fuel are designed to provide an incentive for United States production.

Title XIV—Other provisions

Subtitle A—Studies

Sec. 14001. Carbon audit of the tax code.

Sec. 14002. Comprehensive study of biofuels.

Subtitle B—Application of certain labor standards on projects financed under tax credit bonds

Sec. 14011. Application of certain labor standards on projects financed under tax credit bonds.

A

New Direction for Energy Independence, National Security, and Consumer Protection Act

I

Green Jobs

1001.

Short title

This title may be cited as the Green Jobs Act of 2007.

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

(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 affected by national energy and environmental policy;

(II)

individuals in need of updated training related to the energy efficiency and renewable energy industries; and

(III)

veterans, or past and present members of reserve components of the Armed Forces;

(IV)

unemployed workers;

(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;

(ii)

energy efficiency and renewable energy industries 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 processes and materials.

(2)

Activities

(A)

National research program

Under the program 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;

(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 collaborative training partnerships;

(v)

promoting the establishment of workforce training initiatives with respect to renewable energy and energy efficiency technologies; and

(vi)

linking research and development in renewable energy and energy efficiency technology with the development of standards and curricula for current and future jobs;

(vii)

assessing new employment and work practices including career ladder and upgrade training as well as high performance work systems;

(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 Administration 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, as such districts are established by the Secretary of Energy.

(ii)

Eligibility

To be eligible to receive a grant under clause (i), an entity shall be a non-profit partnership 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, 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;

(bb)

the ability to identify and involve in training programs carried out under this grant, target populations of workers who would benefit from activities related to energy efficiency and renewable energy industries; and

(cc)

the ability to help workers achieve economic self-sufficiency.

(iii)

Priority

Priority shall be given to partnerships 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 information 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 compensation 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-sufficiency of trainees.

(iii)

Eligibility

To be eligible to receive a grant under this subparagraph, a State Energy Sector Partnership shall—

(I)

consist of non-profit organizations that include equal participation from industry, including public or private nonprofit employers, and labor organizations, including joint labor-management training programs, and may include representatives from local governments, the workforce investment system, including worker investment agency one-stop career centers, community based organizations, community colleges, and other post-secondary institutions, small businesses, cooperatives, State and local veterans 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 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 reduction 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 activities referenced in subparagraph (C)(ii), and implement training programs that lead to the economic self-sufficiency of trainees.

(E)

Pathways Out of Poverty Demonstration Program

(i)

In general

Under the program established under paragraph (1), the Secretary shall award at least 10 competitive grants 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 poverty threshold (as determined by the Bureau of the Census) or a self-sufficiency standard for the local areas where the training is conducted that specifies 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 awards to ensure geographic diversity.

(ii)

Eligible entities

To be eligible to receive a grant an entity shall be a partnership that—

(I)

includes community-based non-profit organizations, educational institutions with expertise 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 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 renewable 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 delivered 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 organizations 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

(VI)

link adult remedial education with occupational skills training.

(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 health problem requiring treatment, or mental disability).

(III)

The services received by participants, including training, education, and supportive services.

(IV)

The amount of program spending per participant.

(V)

Program completion rates.

(VI)

Factors determined as significantly interfering 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 curriculum development, on-the-job training, and classroom 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)

career ladder and upgrade training;

(viii)

the implementation of transitional jobs strategies; and

(ix)

the provision of supportive services.

(B)

Outreach activities

In addition to the activities authorized under subparagraph (A), activities authorized 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 (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 State and local performance measure shall consist of such an indicator of performance, and a performance level referred to in subparagraph (B).

(B)

Performance levels

The Secretary shall negotiate 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 Congress on the training program 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 Congress an assessment of such program and an evaluation of the activities 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 authorized to be appropriated to carry out this subsection, $125,000,000 for each fiscal years, of which—

(A)

not to exceed 20 percent of the amount appropriated 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 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 paragraph (2)(B) and State energy training partnership grants under paragraph (2)(D).

.

II

International Climate Cooperation Re-engagement Act of 2007

2001.

Short title

This title may be cited as the International Climate Cooperation Re-engagement Act of 2007.

2002.

Definitions

In this title:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(2)

Clean and efficient energy technology

The term clean and efficient energy technology means an energy supply or end-use technology—

(A)

such as—

(i)

solar technology;

(ii)

wind technology;

(iii)

geothermal technology;

(iv)

hydroelectric technology; and

(v)

carbon capture technology; and

(B)

that, over its life cycle and compared to a similar technology already in commercial use—

(i)

is reliable, affordable, economically viable, socially acceptable, and compatible with the needs and norms of the country involved;

(ii)

results in—

(I)

reduced emissions of greenhouse gases; or

(II)

increased geological sequestration; and

(iii)

may—

(I)

substantially lower emissions of air pollutants; or

(II)

generate substantially smaller or less hazardous quantities of solid or liquid waste.

(3)

Geological sequestration

The term geological sequestration means the capture and long-term storage in a geological formation of a greenhouse gas from an energy producing facility, which prevents the release of greenhouse gases into the atmosphere.

(4)

Greenhouse gas

The term greenhouse gas means—

(A)

carbon dioxide;

(B)

methane;

(C)

nitrous oxide;

(D)

hydrofluorocarbons;

(E)

perfluorocarbons; or

(F)

sulfur hexafluoride.

A

United States policy on global climate change

2101.

Congressional findings

Congress makes the following findings:

(1)

There is a global scientific consensus, as established by the Intergovernmental Panel on Climate Change (IPCC) and confirmed by the National Academy of Sciences, that the continued build-up of anthropogenic greenhouse gases in the atmosphere has been, and is now warming the earth and threatens the stability of the global climate. By the estimate of the IPCC, unmitigated global greenhouse gas emissions could drive up global temperatures by as much as 7 to 11 degrees Fahrenheit by 2100.

(2)

Climate change is already having significant impacts in certain regions of the world and on many ecosystems, with poor populations being most vulnerable.

(3)

Climate change is a global problem that can only be managed by a coordinated global response that reduces global emissions of greenhouse gases to a level that stabilizes their concentration in the Earth’s atmosphere.

(4)

The United Nations Framework Convention on Climate Change (hereinafter in this section referred to as the Convention) establishes a viable foundation to construct a global regime to combat global warming and manage its impacts.

(5)

The United States, along with 189 other countries, is a party to the Convention, agreed to in New York on May 9, 1992, and entered into force in 1994. The Convention’s stated objective is to achieve stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.

(6)

The Kyoto Protocol to the Convention was adopted by the third Convention Conference of the Parties (COP–3) in December 1997, in Kyoto, Japan, and stipulated legally binding reductions in greenhouse gas emissions at an average of 5.2 percent below 1990 levels for industrialized countries, but it did not specify policies for its implementation. The Kyoto Protocol also did not stipulate binding reductions in greenhouse gas emissions for rapidly industrializing countries such as China, India, and Brazil.

(7)

Before negotiations were completed on the mechanisms for implementing Kyoto Protocol commitments on greenhouse gas emissions, George W. Bush took office as President of the United States, and in March 2001, announced opposition to continued negotiations over implementation of the Protocol, stating that the Protocol was fatally flawed from the Administration’s point of view.

(8)

President Bush unveiled an alternative strategy to the Kyoto Protocol for halting global warming on February 14, 2002. The President’s plan did not contain any international component to amend or supplant the Kyoto Protocol or any kind of blueprint for committing major developing economies such as China, India, and Brazil to reduce future greenhouse gas emissions. The President’s plan set a voluntary greenhouse gas intensity target for the United States that specified an 18 percent reduction in emissions intensity by 2012. This reduction would allow actual emissions to increase by at least 12 percent over the same period.

(9)

On February 16, 2005, after Russia’s ratification, the Kyoto Protocol entered into force. With entry into force, the emissions targets of the Protocol became legally binding commitments for those industrialized countries that ratified the Protocol. Because the United States and Australia did not ratify the Protocol, and because developing countries are not subject to its limits, the Protocol currently restricts the emissions of countries accounting for only 32 percent of global greenhouse gas emissions.

(10)

The Kyoto Protocol required that parties to the Protocol begin negotiating in 2005 toward a second round of commitments to begin after the expiration of the first emissions budget period in 2012. The eleventh Convention Conference of the Parties (COP–11) in November and December 2005 in Montreal, Canada launched the negotiations on the second round of commitments by parties to the Protocol and initiated a dialogue (a parallel process) under the Convention that engaged both the United States and developing countries in discussions on future efforts.

(11)

At the twelfth Convention Conference of the Parties (COP–12) in November 2006 in Nairobi, Kenya, parties continued discussions on a second round of commitments under the Kyoto Protocol as a successor to the first commitment period (2008 through 2012) and, in the parallel process, discussed enhanced cooperation under the Convention that would engage countries that did not have commitments under the Protocol.

(12)

At a summit in Brussels, Belgium in March 2007, the head of governments of the European Union committed its Member States to cut greenhouse gas emissions 20 percent below 1990 levels by 2020 and committed to move this target up to 30 percent if the United States and other major emitters joined the commitment.

(13)

On April 17, 2007, the United Nations Security Council held its first ever open meeting on the impact of climate change on international security. British Foreign Secretary Margaret Beckett, in her capacity as President of the Security Council, declared in her opening statement that the Council has a security imperative to tackle climate change because it can exacerbate problems that cause conflicts and because it threatens the entire planet. United Nations Secretary-General Ban Ki-moon told the Council that issues of energy and climate change have implications for peace and security.

(14)

Working Group III of the IPCC met from April 30 through May 4, 2007, in Bangkok, Thailand to assess technologies and policies needed to avert dangerous climate change and to provide background for negotiations on a post-2012 climate change regime. The draft report by the IPCC Working Group III concludes that by quickly adopting technological options that are available or are being developed, the global concentration of greenhouse gases in the atmosphere can be stabilized at 450–550 parts per million (ppm). The IPCC scientists believe that a 450 to 550 ppm ceiling might limit the global rise in temperatures to no more than 3.6 degrees Fahrenheit and avert impacts of escalating scale, scope, and costs, potentially including the destabilization of large polar ice sheets that could contribute to long-term, catastrophic sea level rise at higher temperatures.

(15)

The United Nations Secretary-General Ban Ki-moon has indicated that one of his top goals is to forge a more comprehensive agreement under the Convention to ensure there is no gap when the first commitment period under the Kyoto Protocol ends in 2012. In order to reach this goal, critical negotiations involving all of the major greenhouse gas emitters, along with the vulnerable countries, must be initiated immediately and be completed by 2009. On May 1, 2007, the Secretary-General named three Special Envoys on Climate Change to assist in consultations with Governments. The Secretary-General will host a high-level meeting on climate change at the United Nations General Assembly in September 2007 to give political direction to the thirteenth Convention Conference of the Parties (COP–13) to take place in December 2007 in Bali, Indonesia.

2102.

Congressional statement of policy

Congress declares the following to be the policy of the United States:

(1)

To promote United States and global security through leadership in cooperation with other nations of the global effort to reduce and stabilize global greenhouse gas emissions and stabilize atmospheric concentration of such gases. As such, the United States will seek to obtain mitigation commitments from all major greenhouse gas emitting countries under the institutional framework provided by the United Nations Framework Convention on Climate Change (hereinafter in this section referred to as the Convention).

(2)

To facilitate progress in global negotiations toward a comprehensive agreement under the Convention, and in service of this goal, the United States will, during the course of 2007, engage in high level dialogue on climate change within the Group of Eight (G–8), with the European Union, with Japan and other industrialized countries, and with China, India, Brazil, and other major developing countries. The United States will also participate in the initiative of the United Nations Secretary-General to build consensus among governments on enhanced international cooperation on these matters.

(3)

To participate more actively and constructively in the intergovernmental climate change process, including at the thirteenth Convention Conference of the Parties (COP–13) to take place in December 2007 in Bali, Indonesia. As such, at the COP–13 meeting, the United States will be represented by a high-level delegation composed of climate experts and career foreign service officers with extensive diplomatic experience, including experience in multi-lateral negotiations, headed by the Secretary of State, the Secretary’s Deputy, or the Undersecretary for Global Affairs of the Department of State.

(4)

To engage in serious discussion of possible future commitments under the Convention. These discussions will seek to develop a plan of action and time-table with the goal of adopting a new international agreement under the Convention that stipulates commitments from all major greenhouse gas emitters, including the United States and other countries listed in Annex 1 to the Convention, China, India, and Brazil, at the fifteenth Convention Conference of the Parties (COP–15) to take place in 2009. This process will seek as its objective that a new instrument will come into force by the time the first commitment period under the Kyoto Protocol ends in 2012.

(5)

To protect United States national and economic interests and United States competitiveness in all sectors by negotiating a new agreement under the Convention that is cost effective, comprehensive, flexible, and equitable. Such an agreement shall, at a minimum—

(A)

require binding mitigation commitments from all major emitting countries based on their level of development;

(B)

provide for different forms of commitments, including economy-wide emissions targets, policy-based commitments, sectoral agreements, and no-regrets targets;

(C)

increase cooperation on clean and efficient energy technologies and practices;

(D)

target all greenhouse gases, including sources, sinks, and reservoirs of greenhouse gases, and should expand the current scope of the Kyoto Protocol and Convention to sectors not covered, such as the international aviation and maritime sectors;

(E)

include mechanisms to harness market-based solutions, building upon the joint implementation, clean development mechanism, and international emissions trading developed under the Protocol;

(F)

include incentives for sustainable forestry management that reflect the value of avoided deforestation;

(G)

address the need for adaptation, especially for the most vulnerable and poorest countries on the planet;

(H)

consider the impact on United States industry and contain effective mechanisms to protect United States competitiveness; and

(I)

include the perspectives and address the concerns of impacted indigenous and tribal populations.

(6)

To seek international consensus on long-term objectives including a target range for stabilizing greenhouse gas concentrations. The target range should reflect the consensus recommendations of Intergovernmental Panel on Climate Change (IPCC) scientists, who believe that concentrations of greenhouse gases in the Earth’s atmosphere must be stabilized at a level that would provide a reasonable chance of limiting the rise in global temperatures to a level that might avert the most dangerous impacts of climate change.

2103.

Office on Global Climate Change

(a)

Establishment of office

There is established within the Department of State an Office on Global Climate Change (hereinafter in this section referred to as the Office).

(b)

Head of office

(1)

In general

The head of the Office shall be the Ambassador-at-Large for Global Climate Change (hereinafter in this section referred to as the Ambassador-at-Large).

(2)

Appointment

The Ambassador-at-Large shall be appointed by the President, by and with the advice and consent of the Senate.

(c)

Duties

(1)

In general

The primary responsibility of the Ambassador-at-Large shall be to advance the goals of the United States with respect to reducing the emissions of global greenhouse gases and addressing the challenges posed by global climate change.

(2)

Advisory role

The Ambassador-at-Large—

(A)

shall be a principal adviser to the President and the Secretary of State on matters relating to global climate change; and

(B)

shall make recommendations to the President and the Secretary of State on policies of the United States Government with respect to international cooperation on reducing the emission of global greenhouse gases and addressing the challenges posed by global climate change.

(3)

Diplomatic representation

Subject to the direction of the President and the Secretary of State, the Ambassador-at-Large is authorized to represent the United States in matters relating to global climate change in—

(A)

contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization on Security and Cooperation in Europe, and other international organizations of which the United States is a member; and

(B)

multilateral conferences and meetings relating to global climate change.

(d)

Funding

The Secretary of State shall provide the Ambassador-at-Large with such funds as may be necessary for the hiring of staff for the Office, the conduct of investigations by the Office, and for necessary travel to carry out the provisions of this section.

(e)

Report

Not later than September 1 of each year, the Secretary of State, with the assistance of the Ambassador-at-Large, shall prepare and submit to the appropriate congressional committees a report on the strategy, policies, and actions of the United States for reducing the emissions of global greenhouse gases and addressing the challenges posed of global climate change.

2104.

Report on progress made in promoting transparency in extractive industries resource payments

(a)

Purpose

The purpose of this section is to—

(1)

ensure greater United States energy security by combating 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)

Findings

Congress makes the following findings:

(1)

The United States is the world’s largest consumer of oil. The United States accounts for 25 percent of global daily oil demand—despite having less than 3 percent of the world’s proven reserves.

(2)

6 of the top 10 suppliers of United States crude oil imports rank in the bottom third of the world’s most corrupt countries, according to Transparency International.

(3)

Corrupt and non-transparent foreign governments have a much higher risk of instability and violent unrest, often leading to disruptions of energy supplies. In addition, the citizens of such countries often remain impoverished despite significant resource wealth.

(4)

Oil is a fungible commodity. Therefore supply disruptions due to political instability in other parts of the world affect United States domestic price and supply regardless of the source of supply.

(5)

Transparency in extractive revenue transactions is important to decreasing corruption and increasing energy security.

(6)

The Extractive Industries Transparency Initiative (EITI) serves to improve investment climates through the audited disclosure of revenue payments.

(c)

Statement of policy

It is the policy of the United States—

(1)

to increase energy security by decreasing energy reliance on corrupt foreign governments;

(2)

to promote global energy security through promotion of programs such as EITI that seek to instill transparency and accountability into extractive industries resource payments.

(d)

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 Extractive Industries Transparency Initiative (EITI) by eligible countries and companies;

(2)

promoting the efficacy of the EITI program by ensuring a robust and candid review mechanism;

(3)

establishing a domestic reporting requirement for all companies that purchase natural resources from or make payments to government officials or entities connected with the extraction of such resources so that citizens can monitor expenditures by government officials to ensure accountability for illicit diversion and wasteful use of revenues received; and

(4)

seeking to establish an international reporting requirement similar to the reporting requirement described in paragraph (3) in order to ensure that all international companies and foreign countries are competing and cooperating on a level playing field.

(e)

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 shall submit to Congress 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 Extractive Industries Transparency Initiative (EITI), bilateral and multilateral diplomatic 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.

B

Assistance to promote clean and efficient energy technologies in foreign countries

2201.

Congressional findings

Congress makes the following findings:

(1)

Several provisions of the Energy Policy Act of 1992 were designed to expand Federal programs that support renewable energy and energy efficient equipment exports and to broaden the portfolio of programs to include training and technology transfer activities that help promote development in less industrialized nations, expand global markets, and reduce greenhouse gas emissions. However, few of the export-related provisions of the Energy Policy Act of 1992 were implemented due to a lack of Federal funding.

(2)

In 2000, Congress called for several United States Government agencies to create an Interagency Working Group to support a Clean Energy Technology Exports Initiative to use the combined resources of various agencies to promote the export of clean energy technologies abroad. The Initiative also suffered from low levels of Federal funding and has not produced significant results.

(3)

Large and emerging economies, such as India and China, play significant roles in the global energy security system as large consumers of energy and should be included as member countries in the International Energy Agency to strengthen the common interest of importers in encouraging transparent energy markets and in planning for supply disruptions.

(4)

The challenge of energy security severely affects developing countries where over 1.6 billion people lack access to affordable energy services. In these nations, a lack of transparency and accountability creates a climate of mistrust for investors; bilateral and multilateral lending institutions do not provide sufficient incentives to companies investing in clean and efficient energy technologies; women and children suffer disproportionately due to the lack of energy services; inaccessibility of energy services impedes other development programs in education, health, agriculture, and the environment; and dependence on imported fuels leaves countries vulnerable to supply disruptions and economic shocks.

(5)

In addition to promoting the export of clean energy technologies, large energy-consuming economies must also have appropriate incentive systems, policy and regulatory frameworks, and investment climates in place to accept and promote the adoption of such technologies.

(6)

More than $16 trillion needs to be invested in energy-supply infrastructure worldwide by 2030 to meet energy demand, and almost half of total energy investment will take place in developing countries, where production and demand are expected to increase the most.

(7)

Public and private sector capital will be needed to fulfill future demand. The opportunity exists for public and private actors to coordinate efforts and leverage resources to direct this investment into technologies, practices, and services that promote energy efficiency, clean-energy production, and a reduction in global greenhouse gas emissions.

(8)

In attempting to address the global climate change challenge, the United States Government recently launched the Asia Pacific Partnership on Clean Development and Climate, which is meant to accelerate the development and deployment of clean energy technologies. However, this Partnership operates in a non-binding framework that does not require any emissions reductions from the partner countries.

2202.

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 efficient energy technologies—

(1)

to produce the necessary market conditions for the private sector delivery of energy and environmental management 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 environmental management services; and

(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 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 section, 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.

2203.

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 technologies and build the capacity of government officials in India, China, and any other country the Secretary of Commerce determines appropriate, to become more familiar with the available technologies—

(1)

by assigning or training Foreign Commercial Service attachés, who have expertise in clean and efficient energy technologies from the United States, to embark on business development and outreach efforts to such countries; and

(2)

by deploying the attachés described in paragraph (1) to educate provincial, state, and local government officials in such countries on the variety of United States-based technologies in clean and efficient energy technologies for the purposes of promoting United States exports and reducing global greenhouse gas emissions.

(b)

Report

The Secretary of Commerce shall submit to the appropriate 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 section, 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.

2204.

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 technologies—

(1)

by organizing and facilitating trade missions to foreign countries and by matching United States private sector companies 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 Department 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 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 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 section, 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.

2205.

Actions by Overseas Private Investment Corporation

(a)

Findings

Congress finds the following:

(1)

Many of the emerging markets within which the Overseas Private Investment Corporation supports projects have immense energy needs and will require significant investment in the energy sector in the coming decades.

(2)

The use, or lack of use, of clean and efficient energy technologies can have a dramatic effect on the rate of global greenhouse gas emissions from emerging markets in the coming decades.

(b)

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.

(c)

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.

2206.

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)

give preferential treatment to the evaluation and awarding of projects that involve the utilization of clean and efficient energy technologies, particularly to countries that have the potential for significant reduction in greenhouse gas emissions; and

(3)

recruit and retain individuals with appropriate expertise in clean, renewable, and efficient energy technologies 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 implement this section.

2207.

Global Climate Change Exchange program

(a)

Program authorized

The Secretary of State is authorized to establish a program to strengthen research, educational exchange, and international cooperation with the aim of reducing global greenhouse gas emissions and addressing the challenges posed by global climate change. The program authorized by this subsection shall be carried out pursuant to the authorities of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) and may be referred to as the Global Climate Change Exchange Program.

(b)

Elements

The program authorized by subsection (a) shall contain the following elements:

(1)

The financing of studies, research, instruction, and other educational activities dedicated to reducing carbon emissions and addressing the challenge of global climate change—

(A)

by or to United States citizens and nationals in foreign universities, governments, organizations, companies, or other institutions; and

(B)

by or to citizens and nationals of foreign countries in United States universities, governments, organizations, companies, or other institutions.

(2)

The financing of visits and exchanges between the United States and other countries of students, trainees, teachers, instructors, professors, researchers, and other persons who study, teach, and conduct research in subjects such as the physical sciences, environmental science, public policy, economics, urban planning, and other subjects and focus on reducing greenhouse gas emissions and addressing the challenges posed by global climate change.

(c)

Access

The Secretary of State shall ensure that the program authorized by subsection (a) is available to—

(1)

historically Black colleges and universities that are part B institutions (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5))), Tribal Colleges or Universities (as such term is defined in section 316 of such Act (20 U.S.C. 1059c)), and other minority institutions (as such term is defined in section 365(3) of such Act (20 U.S.C. 1067k(3))), and to the students, faculty, and researchers at such colleges, universities, and institutions; and

(2)

small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women (as such terms are defined in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3))).

(d)

Report

The Secretary of State shall transmit to the appropriate committees an annual report on the implementation of this section for each of the fiscal years 2008 through 2012.

(e)

Authorization of appropriations

To carry out this section, there are authorized to be appropriated to the Secretary of State $3,000,000 for each of the fiscal years 2008 through 2012.

2208.

Interagency Working Group to support a Clean Energy Technology Exports Initiative

(a)

Assistance authorized

The President shall provide assistance to the Interagency Working Group to support a Clean Energy Technology Exports Initiative—

(1)

to improve the ability of the United States to respond to international competition by leveraging the resources of Federal departments and agencies effectively and efficiently and by raising policy issues that may hamper the export of United States clean energy technologies abroad;

(2)

to fulfill, as appropriate, the mission and objectives as noted in the report entitled, Five-Year Strategic Plan of the Clean Energy Technology Exports Initiative, submitted to Congress in October 2002; and

(3)

to raise the importance and level of oversight of the Interagency Working Group to the heads of the Federal departments and agencies that are participating in the Interagency Working Group.

(b)

Report

The Administrator of the United States Agency for International Development, the Secretary of Commerce, and the Secretary of Energy shall jointly submit to the appropriate 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 section, there are authorized to appropriated to the President $5,000,000 for each of the fiscal years 2008 through 2012.

2209.

Report on impact of global climate change on developing countries

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Administrator of the Environmental Protection Agency, and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report on the impact of global climate change on developing countries.

(b)

Matters to be included

The report required by subsection (a) shall include—

(1)

an assessment of the current and anticipated needs of developing countries in adapting to the impact of global climate change; and

(2)

a strategy to address the current and anticipated needs of developing countries in adapting to the impact of global climate change, including the provision of United States assistance to developing countries, and an identification of existing funding sources and a description of new funding sources that will be required specifically for such purposes.

C

International Clean Energy Foundation

2301.

Definitions

In this subtitle:

(1)

Board

The term Board means the Board of Directors of the Foundation established pursuant to section 2302(c).

(2)

Chief executive officer

The term Chief Executive Officer means the chief executive officer of the Foundation appointed pursuant to section 2302(b).

(3)

Foundation

The term Foundation means the International Clean Energy Foundation established by section 2302(a).

2302.

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 governed by a Board of Directors chaired by the Secretary of State (or the Secretary’s designee) in accordance with subsection (d).

(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 experience 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 Foundation.

.

(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 specified to be carried out by the Board in this subtitle and may prescribe, amend, and repeal bylaws, rules, regulations, and 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 International 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 relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate, of which—

(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 additional 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).

(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.

2303.

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 technologies, 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 partnerships with foreign governments and domestic and foreign private actors, including nongovernmental organizations and private sector companies, by leveraging public and private capital, technology, expertise, and services towards innovative models that can be instituted to reduce global greenhouse gas emissions;

(4)

create a repository of information on best practices and lessons learned on the utilization and implementation of 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.

2304.

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 implementation 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 2305(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 institutional recipient, the dollar amount, and the results of the program; 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 employees, and personal service contractors;

(B)

costs associated with securing the use of real property 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.

2305.

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 designated and wherever situated, as may be necessary for carrying 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 necessary for carrying out the functions of the Foundation;

(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, corporations, 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 principal 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, investigations, and inspections of all aspects of the operations and activities of the Foundation.

(2)

Authority of the board

In carrying out the responsibilities 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 General’s responsibilities under this subsection.

(B)

Authorization for services

Of the amount authorized to be appropriated under section 2307(a) for a fiscal year, up to $500,000 is authorized to be made available to the Inspector General of the Department of State to conduct reviews, investigations, and inspections of operations and activities of the Foundation.

2306.

General personnel authorities

(a)

Detail of Personnel

Upon request of the Chief Executive 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 benefits, an employee of the agency from which detailed.

(b)

Reemployment Rights

(1)

In general

An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), 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 paragraph) 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 Foundation, 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.

2307.

Authorization of appropriations

(a)

Authorization of Appropriations

To carry out this subtitle, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2012.

(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 appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1).

III

Small Energy Efficient Businesses

3001.

Short title

This title may be cited as the Small Energy Efficient Businesses Act.

3002.

Findings

Congress finds the following:

(1)

Energy efficiency is in our national interest for our long term economic well being, for the health and safety of our citizens and the world, and for our independence and security.

(2)

Small businesses are more efficient, nimble, and innovative than large businesses and therefore more likely to integrate and benefit from energy efficient technology advances and upgrades, but they are less likely to have the capital to institute these advances quickly.

(3)

The majority of businesses (two-thirds) say they have been unable to invest in comprehensive energy efficiency programs for their businesses thus far, though they know of them and believe they are effective.

(4)

A pilot program has demonstrated that individualized counseling and training combined with loan and grant availability and other incentives are very popular and effective in helping small businesses learn about and adopt energy conservation methods.

(5)

The energy saving benefit of such programs, if they can be implemented on a national basis, would contribute significantly to our energy independence and security.

(6)

New and emerging technologies are on the rise, and small businesses are leading the way, for example the vast majority of renewable fuels producers, such as biodiesel and ethanol, are small businesses.

(7)

Small businesses currently use almost half of the Nation’s business related energy consumption and employ half of the Nation’s workforce, yet the Energy Star program, the lead Federal energy efficiency program allocates less than 2 percent of its resources to its small business program and should allocate more to educate small businesses.

(8)

Therefore, it is in the national interest for the Federal Government to invest in incentives in the form of improved loan terms, additional investment inducements, and expert counseling and information to assist small businesses to develop, invest in, and purchase energy efficient buildings, equipment, fixtures, and other technology.

3003.

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; and

(3)

by inserting after subparagraph (H) the following:

(I)

reduction of energy consumption by at least 10 percent,

(J)

increased use of sustainable design or low-impact design to produce buildings that reduce the use of non-renewable resources, minimize environmental impact, and relate people with the natural environment, or

(K)

plant, equipment and process upgrades of renewable energy sources such as micropower or renewable fuels producers including biodiesel and ethanol producers.

.

(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;

(2)

in clause (iii) by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following new clauses:

(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.

.

3004.

Reduced 7(a) fees and higher loan guarantees 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:

(35)

Loans for energy efficient technologies

The Administrator shall carry out a program for loans the proceeds of which are used to purchase energy efficient equipment or fixtures or to reduce the energy consumption of the borrower, including, but not limited to, renewable fuels and energy products such as biodiesel and ethanol, by 10 percent or more. For a loan made under this paragraph, the following shall apply:

(A)

The loan shall include the participation by the Administration equal to 90 percent of the balance of the financing outstanding at the time of disbursement.

(B)

The fees on the loan under paragraphs (18) and (23) shall be reduced by half.

.

3005.

Small Business Sustainability Initiative

Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

(n)

Small Business Sustainability Initiative

(1)

In general

A Small Business Development Center may apply for an additional grant to carry out a small business sustainability initiative program.

(2)

Elements of program

Under a program under paragraph (1), the Center shall—

(A)

provide necessary support to smaller and medium-sized businesses to—

(i)

evaluate energy efficiency and green building opportunities;

(ii)

evaluate renewable energy sources such as the use of solar and small wind to supplement power consumption;

(iii)

secure financing to achieve energy efficiency or to construct green buildings; and

(iv)

empower management to implement energy efficiency projects;

(B)

assist entrepreneurs with clean technology development and technology commercialization through—

(i)

technology assessment;

(ii)

intellectual property;

(iii)

Small Business Innovation Research submissions;

(iv)

strategic alliances;

(v)

business model development; and

(vi)

preparation for investors; and

(C)

help small business improve environmental performance by shifting to less hazardous materials and reducing waste and emissions at the source, including by providing assistance for businesses to adapt the materials they use, the processes they operate, and the products and services they produce.

(3)

Minimum amount

Each grant under this subsection shall be for at least $150,000.

(4)

Maximum amount

A grant under this subsection may not exceed $300,000.

(5)

Authorization of appropriations

Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out section 21(a)(1), the Administrator may make grants or enter into cooperative agreements to carry out the provisions of this subsection.

.

3006.

Small Business Administration to educate and promote energy efficiency ideas to small businesses and work with the small business community to make such information widely available

The Small Business Act is amended—

(1)

by redesignating section 37 as section 99; and

(2)

by inserting after section 36 (15 U.S.C. 657f) the following:

37.

Program to provide education on energy efficiency

(a)

Program required

The Administrator shall develop and coordinate a Government-wide program, building on the Energy Star for Small Business program, to assist small businesses in—

(1)

becoming more energy efficient;

(2)

understanding the cost savings from improved energy efficiency; and

(3)

identifying financing options for energy efficiency upgrades.

(b)

Consultation and cooperation

The program required by subsection (a) shall be developed and coordinated—

(1)

in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency; and

(2)

in cooperation with any entities the Administrator considers appropriate, such as industry trade associations, industry members, and energy efficiency organizations.

(c)

Availability of information

The Administrator shall make available the information and materials developed under the program required by subsection (a) to—

(1)

small businesses; and

(2)

other Federal programs for energy efficiency, such as the Energy Star for Small Business program.

(d)

Strategy and report

(1)

Strategy required

The Administrator shall develop a strategy to educate, encourage, and assist small business to adopt energy efficient building fixtures and equipment.

(2)

Report

Not later than December 31, 2008, the Administrator shall submit to Congress a report containing a plan to implement the strategy.

.

3007.

Energy saving debentures

Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended by adding at the end the following new subsection:

(k)

Energy saving debentures

(1)

In general

In addition to any other authority under this Act, a small business investment company licensed after September 30, 2007, shall have authority to issue Energy Saving debentures.

(2)

Energy saving debenture defined

As used in this Act, the term Energy Saving debenture means a deferred interest debenture that—

(A)

is issued at a discount;

(B)

has a five-year maturity or a ten-year maturity;

(C)

requires no interest payment or annual charge for the first five years;

(D)

is restricted to Energy Saving qualified investments; and

(E)

is issued at no cost (as defined in section 502 of the Credit Reform Act of 1990) with respect to purchasing and guaranteeing the debenture.

(3)

Energy saving qualified investment defined

As used in this Act, the term Energy Saving qualified investment means investment in a small business that is primarily engaged in researching, manufacturing, developing, or providing products, goods, or services that reduce the use or consumption of non-renewable energy resources.

.

3008.

Investments in energy saving small businesses

(a)

Maximum leverage

Paragraph (2) of subsection (b) of section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 303(b)(2)) is amended by adding at the end the following new subparagraph:

(D)

Investments in energy saving small businesses

In calculating the outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall not include the amount of the cost basis of any Energy Saving qualified investment (as defined in subsection (k)) made after September 30, 2007, by a company licensed after September 30, 2007, in a smaller enterprise, to the extent that the total of such amounts does not exceed 50 percent of the company’s private capital, subject to such terms as the Administrator may impose to assure no cost (as defined in section 502 of the Federal Credit Reform Act of 1990) with respect to purchasing or guaranteeing any debenture involved.

.

(b)

Maximum aggregate amount of leverage

Paragraph (4) of subsection (b) of section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 303(b)(4)) is amended by adding at the end the following new subparagraph:

(E)

Investments in energy saving small businesses

In calculating the aggregate outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall not include the amount of the cost basis of any Energy Saving qualified investment (as defined in subsection (k)) made after September 30, 2007, by a company licensed after September 30, 2007, in a smaller enterprise, to the extent that the total of such amounts does not exceed 50 percent of the company’s private capital, subject to such terms as the Administrator may impose to assure no cost (as defined in section 502 of the Federal Credit Reform Act of 1990) with respect to purchasing or guaranteeing any debenture involved.

.

3009.

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 new part:

C

Renewable Fuel Capital Investment Pilot Program

381.

Definitions

In this part, the following definitions apply:

(1)

Venture capital

The term venture capital means capital in the form of equity capital investments. For the purposes of this paragraph, the term equity capital has the same meaning given such term in section 303(g)(4).

(2)

Renewable fuel capital investment company

The term Renewable Fuel Capital Investment Company means a company that—

(A)

has been granted final approval by the Administrator under section 384(e); and

(B)

has entered into a participation agreement with the Administrator.

(3)

Operational assistance

The term operational assistance means management, marketing, and other technical assistance that assists a small business concern with business development.

(4)

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 company’s operating plan and investment criteria; and

(B)

requires the company to make investments in smaller enterprises primarily engaged in researching, manufacturing, developing, or bringing to market renewable energy sources.

(5)

Renewable energy

The term renewable energy means energy derived from resources that are regenerative or that cannot be depleted, including but not limited to ethanol and biodiesel fuels.

(6)

State

The term State means such of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

382.

Purposes

The purposes of the Renewable Fuel Capital Investment Program established under this part are—

(1)

to promote the research, development, manufacture and bringing to market of renewable energy sources by encouraging venture capital investments in smaller enterprises primarily engaged such activities; and

(2)

to establish a venture capital program, with the mission of addressing the unmet equity investment needs of small enterprises engaged in researching, developing, manufacturing, and bringing to market renewable energy sources, to be administered by the Administrator—

(A)

to enter into participation agreements with Renewable Fuel Capital Investment companies;

(B)

to guarantee debentures of Renewable Fuel Capital Investment companies to enable each such company to make venture capital investments in smaller enterprises engaged in the research, development, manufacture, and bringing to market renewable energy sources; 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.

383.

Establishment

In accordance with this part, the Administrator shall establish a Renewable Fuel Capital Investment Program, under which the Administrator may—

(1)

enter into participation agreements with companies granted final approval under section 384(e) for the purposes set forth in section 382; and

(2)

guarantee the debentures issued by Renewable Fuel Capital Investment companies as provided in section 385.

384.

Selection of renewable fuel capital investment companies

(a)

Eligibility

A company shall be eligible to apply to participate, as a Renewable Fuel Capital Investment company, in the program established under this part if—

(1)

the company is a newly formed for-profit entity or a newly formed for-profit subsidiary of an existing entity;

(2)

the company has a management team with experience in alternative energy financing or relevant venture capital financing; and

(3)

the company has a primary objective of investment in companies that research, manufacture, develop, or bring to market renewable energy sources.

(b)

Application

To participate, as a Renewable Fuel Capital Investment company, in the program established under this part a company meeting the eligibility requirements set forth in subsection (a) 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 businesses primarily engaged in the research, manufacture, development, or bringing to market of renewable energy sources;

(2)

information regarding the relevant venture capital qualifications and general reputation of the company’s management;

(3)

a description of how the company intends to seek to address the unmet capital needs of the smaller businesses served;

(4)

a proposal describing how the company intends to use the grant funds provided under this part to provide operational assistance to smaller enterprises financed by the company, including information regarding whether the company intends to use licensed professionals when necessary on the company’s staff or from an outside entity;

(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 the criteria to be used to evaluate whether and to what extent the company meets the objectives of the program established under this part;

(7)

information regarding the management and financial strength of any parent firm, affiliated firm, or any other firm essential to the success of the company’s business plan; 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, in accordance with this subsection, conditionally approve companies to participate in the Renewable Fuel Capital Investment Program.

(2)

Selection criteria

In selecting companies under paragraph (1), the Administrator shall consider the following:

(A)

The likelihood that the company will meet the goal of its business plan.

(B)

The experience and background of the company’s management team.

(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 company’s proposal to provide operational assistance under this part as the proposal relates to the ability of the applicant to meet applicable cash requirements and properly utilize in-kind contributions, including the use of resources for the services of licensed professionals, when necessary, whether provided by persons on the company’s staff or by persons outside of the company.

(H)

Any other factors deemed appropriate by the Administrator.

(3)

Nationwide distribution

The Administrator shall select companies under paragraph (1) in such a way that promotes investment nationwide.

(d)

Requirements To Be Met for Final Approval

The Administrator shall grant each conditionally approved company a period of time, not to exceed 2 years, to satisfy the following requirements:

(1)

Capital requirement

Each conditionally approved company shall raise not less than $5,000,000 of private capital or binding capital commitments from one or more investors (other than agencies or departments of the Federal Government) who met criteria established by the Administrator.

(2)

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—

(i)

shall have binding commitments (for contribution in cash or in kind)—

(I)

from any sources other than the Small Business Administration that meet criteria established by the Administrator;

(II)

payable or available over a multiyear period acceptable to the Administrator (not to exceed 10 years); and

(III)

in an amount not less than 30 percent of the total amount of capital and commitments raised under paragraph (1);

(ii)

shall have purchased an annuity—

(I)

from an insurance company acceptable to the Administrator;

(II)

using funds (other than the funds raised under paragraph (1)), from any source other than the Administrator; and

(III)

that yields cash payments over a multiyear period acceptable to the Administrator (not to exceed 10 years) in an amount not less than 30 percent of the total amount of capital and commitments raised under paragraph (1); or

(iii)

shall have binding commitments (for contributions in cash or in kind) of the type described in clause (i) and shall have purchased an annuity of the type described in clause (ii), which in the aggregate make available, over a multiyear period acceptable to the Administrator (not to exceed 10 years), an amount not less than 30 percent of the total amount of capital and commitments raised under paragraph (1).

(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 subparagraph (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

In order to comply with the requirements of subparagraphs (A) and (B), the total amount of a company’s in-kind contributions may not exceed 50 percent of the company’s total contributions.

(e)

Final Approval; Designation

The Administrator shall, with respect to each applicant conditionally approved to operate as a Renewable Fuel Capital Investment Company under subsection (c), either—

(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 that subsection, revoke the conditional approval granted under that subsection.

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 deems appropriate, except that the term of any debenture guaranteed under this section shall not exceed 15 years.

(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 company 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 purposes of paragraph (1), private capital shall include capital that is considered to be Federal funds, if such capital is contributed by an investor other than an agency or department of the Federal Government.

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 Administrator and composed solely of guaranteed debentures.

(b)

Guarantee

(1)

In general

The Administrator may, under such terms and conditions as it deems appropriate, guarantee the timely payment of the principal of and interest on trust certificates issued by the Administrator or its agents for purposes 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

In the event that 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 represents in the trust or pool. Interest on prepaid or defaulted debentures shall accrue and be guaranteed by the Administrator 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 Administrator for the functions described in subsection (f )(2).

(e)

Subrogation and Ownership Rights

(1)

Subrogation

In the event the Administrator pays a claim under a guarantee issued under this section, it shall be subrogated 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 section.

(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 functions provided for in this section including, notwithstanding any other provision of law—

(i)

maintenance, on behalf of and under the direction 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 insurance 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 Administrator 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.

387.

Fees

(a)

In general

Except as provided in section 386(d), the Administrator may charge such fees as it deems appropriate with respect to any guarantee or grant issued under this part, in an amount established annually by the Administration, as necessary 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 Act, which amounts shall be paid to and retained by the Administration.

(b)

Offset

The Administrator may, as provided by section 388, offset fees changed and collected under subsection (a).

388.

Fee contribution

(a)

In general

To the extent that amounts are made available 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.

(b)

Annual adjustment

Each fee contribution under subsection (a) shall be effective for one 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 authorized by law for that fiscal year and any other factors that the Administrator deems appropriate.

389.

Operational assistance grants

(a)

In General

(1)

Authority

In accordance with this section, the Administrator may make grants to Renewable Fuel Capital Investment companies and to other entities, as authorized by this part, to provide operational assistance to smaller enterprises financed, or expected to be financed, by such companies or other entities.

(2)

Terms

Grants made 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)

Grants to specialized small business investment companies

(A)

Authority

In accordance with this section, the Administrator may make grants to specialized small business investment companies to provide operational assistance to smaller enterprises financed, or expected to be financed, by such companies after the effective date of the Small Energy Efficient Businesses Act.

(B)

Use of funds

The proceeds of a grant made under this paragraph may be used by the company receiving such grant only to provide operational assistance in connection with an equity investment (made with capital raised after the effective date of the Small Energy Efficient Businesses Act) in a business located in a low-income geographic area.

(C)

Submission of plans

A specialized small business investment company shall be eligible for a grant under this section only if the company submits to the Administrator, in such form and manner as the Administrator may require, a plan for use of the grant.

(4)

Grant amount

(A)

Renewable Fuel Capital Investment companies

The amount of a grant made under this subsection to a Renewable Fuel Capital Investment company shall be equal to the resources (in cash or in kind) raised by the company under section 354(d)(2).

(B)

Other entities

The amount of a grant made under this subsection to any entity other than a Renewable Fuel Capital Investment company shall be equal to the resources (in cash or in kind) raised by the entity in accordance with the requirements applicable to Renewable Fuel Capital Investment companies set forth in section 384(d)(2).

(5)

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 (4), the Administrator shall make pro rata reductions in the amounts otherwise payable to each company and entity under such paragraph.

(b)

Supplemental Grants

(1)

In general

The Administrator may make supplemental 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.

(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 administrative expense of a Renewable Fuel Capital Investment company or a specialized small business investment company.

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 Investment 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.

391.

Federal financing bank

Section 318 shall not apply to any debenture issued by a Renewable Fuel Capital Investment company under this part.

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 under this part makes 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.

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 Small Business 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 compensation of the examiners, against the company examined.

(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 Small Business Administration.

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 of this Act.

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.

396.

Regulations

The Administrator may issue such regulations as it deems necessary to carry out the provisions of this part in accordance with its purposes.

397.

Authorizations of appropriations

(a)

Grants

The Administrator is authorized to make $15,000,000 per fiscal year in operational assistance grants.

(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.

.

3010.

Study and report

The Administrator 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. Not later than 3 years after the date of the enactment of this Act, the Administrator shall complete the study and submit to the Congress a report of the results of the study.

IV

Science and Technology

A

Advanced Research Projects Agency-Energy

4001.

Advanced Research Projects Agency-Energy

(a)

Establishment

There is established the Advanced Research Projects Agency-Energy (in this subtitle referred to as ARPA–E) within the Department of Energy to overcome the long-term and high-risk technological barriers in the development of energy technologies.

(b)

Goals

The goals of ARPA–E are to enhance the Nation’s economic and energy security through the development of energy technologies that result in reductions of imports of energy from foreign sources, reductions of energy-related emissions including greenhouse gases, improvements in the energy efficiency of all economic sectors, and to ensure that the United States maintains a technological lead in developing and deploying energy technologies. ARPA–E will achieve this by—

(1)

identifying and promoting revolutionary advances in fundamental sciences;

(2)

translating scientific discoveries and cutting-edge inventions into technological innovations; and

(3)

accelerating transformational technological advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty.

(c)

Director

ARPA–E shall be headed by a Director who shall be appointed by the Secretary of Energy. The Director shall report to the Secretary. No other programs within the Department of Energy shall report to the Director of ARPA–E.

(d)

Responsibilities

The Director shall administer the Fund established under section 4002 to award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such entities which may include federally funded research and development centers, to achieve the goals stated in subsection (b) through targeted acceleration of—

(1)

novel early-stage energy research with possible technology applications;

(2)

development of techniques, processes, and technologies, and related testing and evaluation;

(3)

research and development of manufacturing processes for novel energy technologies; and

(4)

demonstration and coordination with nongovernmental entities for commercial applications of energy technologies and research applications.

(e)

Personnel

(1)

Program managers

The Director shall designate employees to serve as program managers for each of the programs established pursuant to the responsibilities established for ARPA–E under subsection (d). Program managers shall be responsible for—

(A)

establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts, as well as publicizing the goals to the public and private sectors;

(B)

soliciting applications for specific areas of particular promise, especially those which the private sector or the Federal Government are not likely to undertake alone;

(C)

building research collaborations for carrying out the program;

(D)

selecting on the basis of merit, with advice under section 4003 as appropriate, each of the energy projects to be supported under the program following consideration of—

(i)

the novelty and scientific and technical merit of the proposed projects;

(ii)

the demonstrated capabilities of the applicants to successfully carry out the proposed research project;

(iii)

the applicant’s consideration of future commercial applications of the project, including the feasibility of partnering with 1 or more commercial entities; and

(iv)

such other criteria as are established by the Director; and

(E)

monitoring the progress of projects supported under the program, and prescribing program restructure or termination of research partnerships or whole projects that do not show promise.

(2)

Hiring and management

In hiring personnel for ARPA–E, the Director shall have the authority to make appointments of scientific, engineering, and professional personnel without regard to the civil service laws, and fix the compensation of such personnel at a rate to be determined by the Director. The term of appointments for employees may not exceed 3 years before the granting of any extension. In hiring initial staff the Secretary shall give preference to applicants with experience in the Defense Advanced Research Projects Agency, academia, or in private sector technology development. The Secretary or Director may contract with private recruiting firms in hiring qualified technical staff.

(3)

Additional hiring

The Director may hire additional technical, financial, managerial, or other staff as needed to carry out the activities of the program.

(f)

Coordination and nonduplication

To the extent practicable, the Director shall ensure that the activities of ARPA–E are coordinated with, and do not duplicate the efforts of, existing programs and laboratories within the Department of Energy and other relevant research agencies. Where appropriate, the Director may coordinate technology transfer efforts with the Technology Transfer Coordinator established in section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391).

(g)

Federal demonstration of technologies

The Secretary shall make information available to purchasing and procurement programs of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through ARPA–E.

4002.

Fund

(a)

Establishment

There is established in the Treasury the Energy Transformation Acceleration Fund (in this subtitle referred to as the Fund), which shall be administered by the Director of ARPA–E for the purposes of carrying out this subtitle.

(b)

Authorization of appropriations

There are authorized to be appropriated to the Director of ARPA–E for deposit in the Fund $300,000,000 for fiscal year 2008, $1,000,000,000 for fiscal year 2009, $1,100,000,000 for fiscal year 2010, $1,200,000,000 for fiscal year 2011, and $1,300,000,000 for fiscal year 2012, to remain available until expended.

(c)

Limitation

No amounts may be appropriated for the first year of funding for ARPA–E unless the amount appropriated for the activities of the Office of Science of the Department of Energy for that fiscal year exceed the amount appropriated for that Office for fiscal year 2007, as adjusted for inflation according to the Consumer Price Index.

(d)

Allocation

Of the amounts appropriated for a fiscal year under subsection (b)—

(1)

not more than 50 percent shall be for activities under section 4001(d)(4);

(2)

not more than 8 percent shall be made available to Federally Funded Research and Development Centers;

(3)

not more than 10 percent may be used for administrative expenses;

(4)

at least 2.5 percent shall be designated for technology transfer and outreach activities; and

(5)

during the first 5 years of operation of ARPA–E, no funds may be used for construction of new buildings or facilities.

4003.

Advice

(a)

Advisory committees

The Director may seek advice on any aspect of ARPA–E from—

(1)

existing Department of Energy advisory committees; and

(2)

new advisory committees organized to support the programs of ARPA–E and to provide advice and assistance on—

(A)

specific program tasks; or

(B)

overall direction of ARPA–E.

(b)

Additional sources of advice

The Director may seek advice and review from the National Academy of Sciences, the National Academy for Engineering, and any other professional or scientific organization with expertise in specific processes or technologies under development by ARPA–E.

4004.

ARPA–E evaluation

After ARPA–E has been in operation for 54 months, the President’s Committee on Science and Technology shall begin an evaluation (to be completed within 12 months) of how well ARPA–E is achieving its goals and mission. The evaluation shall include the recommendation of such Committee on whether ARPA–E should be continued or terminated, as well as lessons-learned from its operation. The evaluation shall be made available to Congress and to the public upon completion.

4005.

Savings clause

The authorities granted by this subtitle are in addition to existing authorities granted to the Secretary of Energy, and not intended to supersede or modify any existing authorities.

B

Marine Renewable Energy Technologies

4101.

Short title

This subtitle may be cited as the Marine Renewable Energy Research and Development Act of 2007.

4102.

Findings

The Congress finds the following:

(1)

The United States has a critical national interest in developing clean, domestic, renewable sources of energy in order to reduce environmental impacts of energy production, increase national security, improve public health, and bolster economic stability.

(2)

Marine renewable energy technologies are a nonemitting source of power production.

(3)

Marine renewable energy may serve as an alternative to fossil fuels and create thousands of new jobs within the United States.

(4)

Europe has already successfully delivered electricity to the grid through the deployment of wave and tidal energy devices off the coast of Scotland.

(5)

Recent studies from the Electric Power Research Institute, in conjunction with the Department of Energy’s National Renewable Energy Laboratory, have identified an abundance of viable sites within the United States with ample wave and tidal resources to be harnessed by marine power technologies.

(6)

Sustained and expanded research, development, demonstration, and commercial application programs are needed to locate and characterize marine renewable energy resources, and to develop the technologies that will enable their widespread commercial development.

(7)

Federal support is critical to reduce the financial risk associated with developing new marine renewable energy technologies, thereby encouraging the private sector investment necessary to make marine renewable energy resources commercially viable as a source of electric power and for other applications.

4103.

Definitions

For purposes of this subtitle—

(1)

Marine renewable energy

The term Marine Renewable Energy means energy derived from one or more of the following sources:

(A)

Waves.

(B)

Tidal flows.

(C)

Ocean currents.

(D)

Ocean thermal energy conversion.

(2)

Secretary

The term Secretary means the Secretary of Energy.

4104.

Marine renewable energy research and development

(a)

In general

The Secretary, in conjunction with other appropriate agencies, shall support programs of research, development, demonstration, and commercial application to expand marine renewable energy production, including programs to—

(1)

study and compare existing marine renewable energy extraction technologies;

(2)

research, develop, and demonstrate advanced marine renewable energy systems and technologies;

(3)

reduce the manufacturing and operation costs of marine 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 renewable energy technologies, including development of corrosive-resistant materials;

(8)

study, in conjunction with the Assistant Administrator for Research and Development of the Environmental Protection Agency, the Undersecretary of Commerce for Oceans and Atmosphere, and other Federal agencies as appropriate, the environmental impacts of marine renewable energy technologies and ways to address adverse impacts, and provide public information concerning technologies and other means available for monitoring and determining environmental impacts;

(9)

establish protocols, in conjunction with the National Oceanic and Atmospheric Administration, for how the ocean community may best interact with marine renewable energy devices;

(10)

develop power measurement standards for marine renewable energy;

(11)

develop identification standards for marine renewable energy devices;

(12)

address standards development, demonstration, and technology transfer for advanced systems engineering and system integration methods to identify critical interfaces; and

(13)

utilize marine resources in the Gulf of Mexico, the Atlantic Ocean, and the Pacific Ocean.

(b)

Siting criteria

The Secretary, in conjunction with other appropriate Federal agencies, shall develop, prior to installation of any technologies under this section, siting criteria for marine renewable energy generation demonstration and commercial application projects funded under this subtitle.

4105.

National Marine Renewable Energy Research, Development, and Demonstration Centers

(a)

Centers

The Secretary, acting through the National Renewable Energy Laboratory, shall award grants to institutions of higher education (or consortia thereof) for the establishment of 1 or more National Marine Renewable Energy Research, Development, and Demonstration Centers. In selecting locations for Centers, 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 a public university engineering program.

(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 Centers, the Secretary shall coordinate with the Undersecretary of Commerce for Oceans and Atmosphere on the criteria related to advancing wave forecasting technologies, studying the compatibility with the environment of marine renewable energy technologies and systems, and establishing protocols for how the ocean community best interacts with marine renewable energy devices and parks.
(b)

Purposes

The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy through a number of initiatives including for the purposes described in section 4104(1) through (13), 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.

4106.

Applicability of other laws

Nothing in this subtitle shall be construed as waiving the applicability of any requirement under any environmental or other Federal or State law.

4107.

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)).

C

Geothermal Energy

4201.

Short title

This subtitle may be cited as the Advanced Geothermal Energy Research and Development Act of 2007.

4202.

Findings

The Congress finds the following:

(1)

The United States has a critical national interest in developing clean, domestic, renewable sources of energy in order to mitigate the causes of climate change, reduce other environmental impacts of energy production, increase national security, improve public health, and bolster economic stability.

(2)

Geothermal energy is a renewable energy resource.

(3)

Geothermal energy is unusual among renewable energy sources because of its ability to provide an uninterrupted supply of baseload electricity.

(4)

Recently published assessments by reputable experts, including the Massachusetts Institute of Technology, the Western Governors Association, and the National Renewable Energy Laboratory, indicate that the Nation’s geothermal resources are widely distributed, vast in size, and barely tapped.

(5)

Sustained and expanded research, development, demonstration, and commercial application programs are needed to locate and characterize geothermal resources, and to develop the technologies that will enable their widespread commercial development.

(6)

Federal support is critical to reduce the financial risk associated with developing new geothermal technologies, thereby encouraging the private sector investment necessary to make geothermal resources commercially viable as a source of electric power and for other applications.

4203.

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 necessitates 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)

Secretary

The term Secretary means the Secretary of Energy.

(8)

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.

4204.

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 hydrothermal systems, including the programs described in subsection (b).

(b)

Programs

(1)

Advanced hydrothermal resource tools

The Secretary, in consultation with other appropriate agencies, shall support a program to develop advanced geophysical, geochemical, and geologic tools to assist in locating hidden hydrothermal 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 Secretary shall support a program of cost-shared field demonstration programs, to be pursued, simultaneously and independently, in collaboration with industry partners, for the demonstration of 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.

4205.

General geothermal systems research and development

(a)

Subsurface components and systems

The Secretary shall support a program of research, development, demonstration, and commercial application of components and systems capable of withstanding extreme geothermal environments and necessary to cost-effectively develop, produce, and monitor geothermal reservoirs and produce geothermal energy. These components and systems shall include advanced casing systems (expandable tubular casing, low-clearance casing designs, and others), high-temperature cements, high-temperature submersible pumps, and high-temperature packers, as well as technologies for under-reaming, multilateral completions, high-temperature logging, and logging while drilling.

(b)

Reservoir performance modeling

The Secretary shall support a program of research, development, demonstration, and commercial application of models of geothermal reservoir performance, 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 geothermal systems production environments.

(c)

Environmental impacts

The Secretary shall—

(1)

support a program of research, development, demonstration, and commercial application of technologies and practices designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development, production or use, and seek to ensure that geothermal energy development is consistent with the highest practicable standards of environmental stewardship; and

(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.

Any potential environmental impacts identified as part of the development, production, and use of geothermal energy shall be measured and examined against the potential emissions offsets of greenhouses gases gained by geothermal energy development, production, and use.
4206.

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—

(A)

reservoir stimulation;

(B)

reservoir characterization, monitoring, and modeling;

(C)

stress mapping;

(D)

tracer development;

(E)

three-dimensional tomography;

(F)

understanding seismic effects of reservoir engineering and stimulation; and

(G)

laser-based drilling technology.

(2)

Enhanced geothermal systems reservoir stimulation

(A)

Program

In collaboration with industry partners, the Secretary shall support a program of research, development, and demonstration of enhanced geothermal systems reservoir stimulation technologies and techniques. A minimum of 5 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 subsurface characterization has been conducted or existing drill holes can be utilized, if possible.

(B)

Consideration of existing sites

The following 2 sites, where Department of Energy and industry cooperative enhanced geothermal systems projects are already underway, may be considered for inclusion among the sites selected under subparagraph (A):

(i)

Desert Peak, Nevada.

(ii)

Coso, California.

4207.

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 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 program shall include grants for a total of not less than three demonstration projects of the use of geothermal techniques such as 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 temperatures from 150 degrees Fahrenheit to 300 degrees Fahrenheit;

(3)

cover a range of sizes up to one megawatt;

(4)

are located at a range of sites;

(5)

can be replicated at a wide range of sites;

(6)

facilitate identification of optimum techniques among competing alternatives;

(7)

include business commercialization plans that have the potential for production of equipment at high volumes and operation and support at a large number of sites; and

(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 organic rankine cycle systems at oil and gas wells made by the Secretary under subsection (b) shall include—

(1)

necessary and appropriate site engineering study;

(2)

detailed economic assessment of site specific conditions;

(3)

appropriate feasibility studies to determine whether the demonstration can be replicated;

(4)

design or adaptation of existing technology for site specific circumstances or conditions;

(5)

installation of equipment, service, and support;

(6)

operation for a minimum of one 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 production

(1)

The Secretary shall implement a program to support the research, development, demonstration, and commercial application of cost-effective techniques to produce energy from geopressured resources situated in and near the Gulf of Mexico.

(2)

The Secretary shall solicit preliminary engineering designs for geopressured resources production and recovery facilities.

(3)

Based upon a review of the preliminary designs, the Secretary shall award grants, which may be cost-shared, to support the detailed development and completion of engineering, architectural and technical plans needed to support construction of new designs.

(4)

Based upon a review of the final design plans above, the Secretary shall award cost-shared development and construction grants for demonstration geopressured production facilities that show potential for economic 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.

4208.

Cost sharing and proposal evaluation

(a)

Federal share

(1)

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.

(2)

The Secretary may waive the Federal cost share requirement for grants awarded to universities, national laboratories, or similar noncommercial entities awarded grants under this subtitle.

(3)

The Secretary shall allow for a competitive bidding process to play a role in determining the final cost-share ratio.

(b)

Organization and administration of programs

Programs under this subtitle shall incorporate the following organizational and administrative elements:

(1)

Non-Federal participants shall be chosen through a competitive selection process.

(2)

The request for proposals for each program shall stipulate, at a minimum, the following:

(A)

The non-Federal funding requirements for projects.

(B)

The funding mechanism to be used (i.e. grants, contracts, or cooperative agreements).

(C)

Milestones and a schedule for completion.

(D)

Criteria for evaluating proposals.

(3)

In evaluating proposals, the Secretary shall give priority to proposals that draw on relevant expertise from industry, academia, and the national laboratories, as appropriate.

(4)

The Secretary shall coordinate with, and where appropriate may provide funds in furtherance of the purposes of this subtitle to, other Department of Energy research and development programs focused on drilling, subsurface characterization, and other related technologies.

(5)

In evaluating proposals, the Secretary shall consult with relevant experts from industry, academia, and the national laboratories, as appropriate.

(6)

In evaluating proposals, the Secretary shall give priority to proposals that demonstrate clear evidence of employing a systems approach.

(7)

In evaluating proposals for projects with a field component, the Secretary shall, where appropriate, give priority consideration to proposals that contain provisions to study local environmental impacts of the technologies developed or the operations undertaken.

(8)

In evaluating proposals, the Secretary, in coordination with other appropriate agencies, shall seek to ensure that no funding authorized under this subtitle is awarded to any project that would result in adverse impacts to land, water, or other resources within the National Wilderness Preservation System, the National Park System, the National Wildlife Refuge System, the National Landscape Conservation System, the National Wild and Scenic Rivers System, the National Trails System, any National Monument, any Wilderness Study Area, any Research Natural Area, any National Marine Sanctuary, any Inventoried Roadless Area, or any Area of Critical Environmental Concern.

(9)

Scientific data collected as a result of any project supported with funds provided under this subtitle shall be made available to the public.

4209.

Centers for Geothermal Technology Transfer

(a)

In general

The Secretary shall award grants to institutions of higher education (or consortia thereof) to establish 2 Centers for Geothermal Technology Transfer.

(b)

Centers

(1)

Hydrothermal center

The purpose of one Technology Transfer Center shall be to serve as an information clearinghouse for the geothermal industry, collecting and disseminating information on best practices in all areas related to developing and managing hydrothermal resources, including data available for disclosure as provided under section 4208(b)(9). This Center shall be based at the institution west of the Rocky Mountains that the Secretary considers to be best suited to the purpose. The Center shall collect and disseminate information on all subjects germane to the development and user of hydrothermal systems, including—

(A)

resource location;

(B)

reservoir characterization, monitoring, and modeling;

(C)

drilling techniques;

(D)

reservoir management techniques; and

(E)

technologies for electric power conversion or direct use of geothermal energy.

(2)

Enhanced geothermal systems center

The purpose of a second Technology Transfer Center shall be to serve as an information clearinghouse for the geothermal industry, collecting and disseminating information on best practices in all areas related to developing and managing enhanced geothermal systems resources, including data available for disclosure as provided under section 4208(b)(9). This Center is encouraged to seek opportunities to coordinate efforts and share information with international partners engaged in research and development of enhanced geothermal systems or engaged in collection of data related to enhanced geothermal systems development. This Center shall be based at an academic institution east of the Rocky Mountains which, in the opinion of the Secretary, is best suited to provide national leadership on enhanced geothermal systems-related issues. The Center shall collect and disseminate information on all subjects germane to the development and use of enhanced geothermal systems.

(c)

Award duration

An award made by the Secretary under this section shall be for an initial period of 5 years, and may be renewed for additional 5-year periods on the basis of—

(1)

satisfactory performance in meeting the goals of the research plan proposed by the Center; and

(2)

other requirements as specified by the Secretary.

4210.

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 continue to be based in the Department of Energy office in Golden, Colorado.

4211.

Educational pilot program

The Secretary shall seek to award grant funding, on a competitive basis, to an institution of higher education for a geothermal-powered energy generation facility on the institution’s campus. The purpose of the facility shall be to provide electricity and space heating. The facility shall also serve as an educational resource to students in relevant fields of study, and the data generated by the facility shall be available to students and the general public. The total funding award shall not exceed $2,000,000.

4212.

Reports

(a)

Reports on advanced uses of geothermal energy

Not later than 1 year, 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 concepts and technologies to maximize the geothermal resource potential 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 Representatives 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 recommendations on legislative or other actions needed to address such impediments.

4213.

Applicability of other laws

Nothing in this subtitle shall be construed as waiving the applicability of any requirement under any environmental or other Federal or State law.

4214.

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 4207. There are also authorized to be appropriated to the Secretary for the Intermountain West Geothermal Consortium $5,000,000 for each of the fiscal years 2008 through 2012.

D

Solar Energy

1

Research and Advancement

4301.

Short title

This subtitle may be cited as the Solar Energy Research and Advancement Act of 2007.

4302.

Definitions

For purposes of this part:

(1)

The term Department means the Department of Energy.

(2)

The term Secretary means the Secretary of Energy.

4303.

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 thermal energy storage technologies to enable the shifting of electric power loads on demand and extend the operating time of concentrating 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.

4304.

Concentrating solar power commercial application studies

(a)

Integration

The Secretary shall conduct a study on methods to integrate concentrating solar power 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 into regional electric transmission grids to improve electric reliability, to efficiently manage load, and to reduce demand on the natural gas transmission system for electric power. The Secretary shall submit a report to Congress on the results of this study not later than 12 months after the date of enactment of this Act.

(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.

4305.

Solar energy curriculum development and certification grants

(a)

Establishment

The Secretary shall establish in the Office of Solar Energy Technologies a competitive grant program to create and strengthen solar industry workforce training and internship programs in 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 support 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, such as the North American Board of Certified Energy Practitioners, for individual solar energy system installers, instructors, and training programs.

(3)

Internship programs that provide hands-on participation by students in commercial applications.

(4)

Activities required to obtain certification of training programs and facilities by the Institute of Sustainable Power or an equivalent 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 activities under this section.

(7)

Support of programs that provide guidance and updates to solar energy curriculum instructors.

(c)

Administration of grants

Grants may be awarded under this section for up to 3 years. The Secretary shall award grants to ensure sufficient geographic distribution of training programs nationally. Grants shall only be awarded for programs certified by the Institute of Sustainable Power or an equivalent industry-accepted quality-control certification institution, or for new and growing programs with a credible path to certification. Due consideration shall be given to women, underrepresented minorities, and persons with disabilities.

(d)

Report

The Secretary shall make public, via 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.

4306.

Daylighting systems and direct solar light pipe technology

(a)

Establishment

The Secretary shall establish a program of research and development to provide assistance in the demonstration and commercial application of direct solar renewable energy sources to provide alternatives to traditional power generation for lighting and illumination, including light pipe technology, and to promote greater 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 artificial light generated by a light fixture and doing so without the conversion of the sunlight into another form of energy; and

(2)

the term light pipe means a device designed to transport 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.

4307.

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 conditioning for individuals and businesses.

(b)

Authorized Activities

Grants made available under this section may be used to support the following activities:

(1)

Advancing solar thermal collectors, including concentrating solar thermal and electric systems, flat plate and evacuated tube collector performance.

(2)

Achieving technical and economic integration of solar-powered distributed air-conditioning systems with existing hot water and storage systems for residential applications.

(3)

Designing and demonstrating mass manufacturing capability 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-powered distributed air conditioning systems in different regions of the country, including potential integration with other onsite systems, such as solar, biogas, geothermal heat pumps, and propane assist or combined propane fuel cells, with a goal to develop site-specific energy production and management systems that ease fuel and peak utility loading.

(c)

Cost sharing

The non-Federal share of research and development projects supported under this section shall be not less than 20 percent, and for demonstration projects shall be not less than 50 percent.

(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.

4308.

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 Secretary, that the State will meet the requirements of subsection (f).

(2)

Compliance with requirements

If a State has received funding under this section for the preceding year, the State must demonstrate, to the satisfaction of the Secretary, that it complied with the requirements of subsection (f) in carrying out the program during that preceding year, and that it will do so in the future, before it can receive further funding under this section.

(3)

Funding allocation

Each State submitting a qualifying proposal shall receive funding under the program based on the proportion of United States population in the State according to the 2000 census. In each fiscal year, the portion of funds attributable under this paragraph to States that have not submitted qualifying proposals in the time and manner specified by the Secretary shall be distributed pro rata to the States that have submitted qualifying proposals in the specified time and manner.

(c)

Competition

If more than $25,000,000 is available for the program under this section for any fiscal year, the Secretary shall allocate 75 percent of the total amount of funds available according to subsection (b)(3), and shall award the remaining 25 percent on a competitive basis to the States with the proposals the Secretary considers most likely to encourage the widespread adoption of photovoltaic technologies.

(d)

Proposals

Not later than 6 months after the date of enactment of this Act, and in each subsequent fiscal year for the life of the program, the Secretary shall solicit proposals from the States to participate in the program under this section.

(e)

Competitive criteria

In awarding funds in a competitive allocation under subsection (c), the Secretary shall consider—

(1)

the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies; and

(2)

the extent to which a proposal is likely to—

(A)

maximize the amount of photovoltaics demonstrated;

(B)

maximize the proportion of non-Federal cost share; and

(C)

limit State administrative costs.

(f)

State program

A program operated by a State with funding under this section shall provide competitive awards for the demonstration of advanced photo-voltaic technologies. Each State program shall—

(1)

require a contribution of at least 60 percent per award from non-Federal sources, which may 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, industrial, 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 demonstrated 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 subsection (b) or (c) 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 amount of funds that each State has not received because of a failure to submit a qualifying proposal, as described in subsection (b)(3);

(5)

the results of the monitoring under subsection (f)(5); and

(6)

the total amount of funds distributed, including a breakdown 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.

2

Development and Use of Solar Energy Products

4311.

Definitions

For purposes of this part:

(1)

The term “Board” means the Solar Energy Industries Research and Promotion Board established under section 4312(b)(1).

(2)

The term Committee means the Solar Energy Research and Promotion Operating Committee established under section 4312(b)(4).

(3)

The term Department means the Department of Energy.

(4)

The term importer means any person who imports solar energy products from outside the United States.

(5)

The term order means a solar energy product research and promotion order issued under section 4312.

(6)

The term promotion means any action to advance the image and desirability of solar energy products with the express intent of improving the competitive position and stimulating sales of solar energy products in the marketplace.

(7)

The term Secretary means the Secretary of Energy.

(8)

The term solar energy products means solar water heating components and systems and photovoltaic components and systems.

4312.

Solar research and information program

(a)

Issuance of orders

(1)

Proposed order

Not later than 30 days after receipt of a proposal for a solar energy product research and promotion order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment on such proposed order. Such proposal may be submitted by any organization meeting the requirements for certification under section 4313 or any interested person, including the Secretary.

(2)

Final order

After notice and opportunity for public comment are given, as provided for in paragraph (1), the Secretary shall issue a solar energy product research and promotion order. The order shall become effective not later than 120 days after publication of the proposed order.

(b)

Required terms in orders

An order issued under subsection (a) shall contain the following terms and conditions:

(1)

The order shall provide for the establishment and selection of a Solar Energy Industries Research and Promotion Board. In addition to nonpermanent members of the Board, there shall be two permanent members of the Board, a representative chosen by the Secretary and a representative chosen by one of the organizations certified under section 4313. Nonpermanent members of the Board shall be solar energy products producers and importers appointed by the Secretary from—

(A)

nominations submitted by eligible organizations certified under section 4313; and

(B)

nominations submitted by importers under such procedures as the Secretary determines appropriate.

The Secretary shall ensure adequate representation of all geographic regions of the United States on the Board.
(2)

The order shall define the powers and duties of the Board, which shall be exercised at an annual meeting, and shall include only the following powers:

(A)

To administer the order in accordance with its terms and provisions.

(B)

To make rules and regulations to effectuate the terms and provisions of the order.

(C)

To elect members of the Board to serve on the Committee.

(D)

To approve or disapprove budgets submitted by the Committee.

(E)

To receive, investigate, and report to the Secretary complaints of violations of the order.

(F)

To recommend to the Secretary amendments to the order. In addition, the order shall determine the circumstances under which special meetings of the Board may be held.

(3)

The order shall provide that the term of appointment for nonpermanent members of the Board shall be 3 years with no nonpermanent member serving more than 2 consecutive terms, except that initial appointments shall be proportionately for 1-year, 2-year, and 3-year terms; and that Board members shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Board.

(4)
(A)

The order shall provide that the Board shall elect from its membership 10 members to serve on the Solar Energy Research and Promotion Operating Committee.

(B)

The Committee shall develop plans or projects of research, information, and promotion which shall be paid for with assessments collected by the Board. In developing plans or projects, the Committee shall, to the extent practicable, ensure that all segments of the solar industry receive fair treatment under this part based upon contributions made under paragraph (8).

(C)

The Committee shall be responsible for developing and submitting to the Board, for its approval, budgets on a fiscal year basis of its anticipated expenses and disbursements, including probable costs of research, promotion, and information projects. The Board shall approve or disapprove such budgets and, if approved, shall submit such budget to the Secretary for the Secretary’s approval.

(D)

The total costs of collection of assessments and administrative staff incurred by the Board during any fiscal year shall not exceed 5 percent of the projected total assessments to be collected by the Board for such fiscal year. The Board shall use, to the extent possible, the resources, staffs, and facilities of existing organizations.

(5)

The order shall provide that terms of appointment to the Committee shall be 1 year, and that no person may serve on the Committee for more than 6 consecutive terms. Committee members shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Committee. The Committee may utilize the resources, staffs, and facilities of the Board and industry organizations. An employee of an industry organization may not receive compensation for work performed for the Committee, but shall be reimbursed from assessments collected by the Board for reasonable expenses incurred in performing such work.

(6)

The order shall provide that, to ensure coordination and efficient use of funds, the Committee shall enter into contracts or agreements for implementing and carrying out the activities authorized by this part with established national nonprofit industry-governed organizations to implement programs of research, promotion, and information. In any fiscal year, the total assessments available for spending for this program (including administrative expenses under paragraph (4)(D)) shall not exceed 50 percent of the projected total assessments for that year. Any such contract or agreement shall provide that—

(A)

the person entering the contract or agreement shall develop and submit to the Committee a plan or project together with a budget or budgets that shows estimated costs to be incurred for the plan or project;

(B)

the plan or project shall become effective on the approval of the Secretary; and

(C)

the person entering the contract or agreement shall keep accurate records of all of its transactions, account for funds received and expended, and make periodic reports to the Committee of activities conducted, and such other reports as the Secretary, the Board, or the Committee may require.

(7)

The order shall require the Board and the Committee to—

(A)

maintain such books and records, which shall be available to the Secretary for inspection and audit, as the Secretary may prescribe;

(B)

prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and

(C)

account for the receipt and disbursement of all funds entrusted to them.

(8)
(A)

The order shall provide that each manufacturer of a solar energy product shall collect an assessment and pay the assessment to the Board.

(B)

The order also shall provide that each importer of solar energy products shall pay an assessment, in the manner prescribed by the order, to the Board.

(C)

The assessments shall be used for payment of the costs of plans and projects, as provided for in paragraph (4), and expenses in administering the order, including more administrative costs incurred by the Secretary after the order has been promulgated under this part, and to establish a reasonable reserve. The rate of assessment prescribed by the order shall be determined by the Secretary in consultation with the Solar Energy Industry Association.

(9)

The order shall provide that the Board, with the approval of the Secretary, may invest, pending disbursement, funds collected through assessments only in obligations of the United States or any agency thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.

(10)

The order shall prohibit any funds collected by the Board under the order from being used in any manner for the purpose of influencing governmental action or policy, with the exception of recommending amendments to the order.

(11)
(A)

The order shall require that each manufacturer or importer making payment to the Board maintain and make available for inspection such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order. Such information shall be made available to the Secretary as is appropriate to the administration or enforcement of this part. All information so obtained shall be kept confidential by all officers and employees of the Department, and only such information so obtained as the Secretary deems relevant may be disclosed by them and then only in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving the order. Nothing in this paragraph may be deemed to prohibit—

(i)

the issuance of general statements, based on the reports, of the number of entities subject to the order or statistical data collected therefrom, which statements do not identify the information furnished by an person; or

(ii)

the publication, by direction of the Secretary, of the name of any person violating the order, together with a statement of the particular provisions of the order violated by the person.

(B)

No information obtained under the authority of this part may be made available to any agency or officer of the United States for any purpose other than the implementation of this part and any investigatory or enforcement act necessary for the implementation of this part. Any person violating the provisions of this paragraph shall be subject to a fine of not more than $1,000, or to imprisonment for not more than one year, or both, and if an officer or employee of the Board or the Department, shall be removed from office.

(12)

The order shall contain terms and conditions, not inconsistent with the provisions of this part, as necessary to effectuate the provisions of the order.

4313.

Certification of organizations to nominate

(a)

Eligibility

The eligibility of any national, regional, or State organization to represent manufacturers and to participate in the making of nominations under section 4312(b) shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established under subsection (b), and such determination as to eligibility shall be final.

(b)

Criteria

An organization may be certified as described in subsection (a) if such organization meets all of the following eligibility criteria:

(1)

The organization represents a majority of manufacturers of solar energy products in the Nation.

(2)

The organization has a history of stability and permanency.

(3)

A primary purpose of the organization is to promote the economic welfare of the solar energy products industry.

(c)

Basis for certification

Certification of an organization shall be based upon a factual report submitted by the organization.

4314.

Referendum

(a)

Initial referendum

For the purpose of determining whether the initial order shall be continued, not later than 48 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been manufacturers or importers of solar energy products during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the manufacturers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the manufacturing of solar energy products. If continuation of the order is not approved by a majority voting in the referendum, the Secretary shall terminate the collection of assessments under the order within 6 months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum, and shall terminate the order in an orderly manner as soon as practicable after such determination.

(b)

Subsequent referenda

After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 25 percent or more of the number of manufacturers of solar energy products to determine whether manufacturers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within 6 months after the Secretary determines that suspension or termination of the order is favored by a majority of the manufacturers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the manufacture of solar energy products, and shall terminate or suspend the order in an orderly manner as soon as practicable after such determination.

(c)

Procedures

The Department shall be reimbursed from assessments collected by the Board for any expenses incurred by the Department in connection with conducting any referendum under this section, except for the salaries of Government employees. Any referendum conducted under this section shall be conducted on a date established by the Secretary, whereby manufacturers shall certify that they were engaged in the production of solar energy products during the representative period and, on the same day, shall be provided an opportunity to vote in the referendum.

4315.

Refunds

(a)

In general

During the period prior to the approval of the continuation of an order pursuant to the referendum required under section 4314(a), subject to subsection (f) of this section, the Board shall—

(1)

establish an escrow account to be used for assessment refunds;

(2)

place funds in such account in accordance with subsection (b); and

(3)

refund assessments to persons in accordance with this section.

(b)

Amounts placed in account

Subject to subsection (f), the Board shall place in such account, from assessments collected under section 4312 during the period referred to in subsection (a), an amount equal to the product obtained by multiplying the total amount of assessments collected under section 4312 during such period by 15 percent.

(c)

Full refund election

Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this part, any manufacturer or importer shall have the right to demand and receive from the Board a one-time refund of all assessments collected under section 4312 from such manufacturer or importer during the period referred to in subsection (a) if such manufacturer or importer—

(1)

is responsible for paying such assessment; and

(2)

does not support the program established under this part.

(d)

Procedure

Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board.

(e)

Proof

Such refund shall be made on submission of proof satisfactory to the Board that the manufacturer or importer—

(1)

paid the assessment for which refund is sought; and

(2)

did not collect such assessment from another manufacturer or importer.

(f)

Distribution

If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section, and the continuation of an order is approved pursuant to the referendum required under section 4314(b), the Board shall—

(1)

continue to place in such account, from assessments collected under section 4312, the amount required under subsection (b), until such time as the Board is able to comply with paragraph (2); and

(2)

provide to all eligible persons the total amount of assessments demanded by all eligible persons under this section.

If the continuation of an order is not approved pursuant to the referendum required under section 4314(b), the Board shall prorate the amount of such refunds among all eligible persons who demand such refund.
4316.

Enforcement

(a)

In general

If the Secretary believes that the administration and enforcement of this part or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may—

(1)

issue an order to restrain or prevent a person from violating an order; and

(2)

assess a civil penalty of not more than $25,000 for violation of such order.

(b)

Jurisdiction

The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued under this part.

(c)

Attorney general

A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.

4317.

Investigations

The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this part or to determine whether any person subject to this part has engaged or is about to engage in any act that constitutes or will constitute a violation of this part, the order, or any rule or regulation issued under this part.

4318.

Administrative provision

The provisions of this part applicable to the order shall be applicable to amendments to the order.

E

Biofuels

4401.

Short title

This subtitle may be cited as the Biofuels Research and Development Enhancement Act.

4402.

Biofuels and biorefinery information center

(a)

In general

The Secretary of Energy (in this subtitle referred to as the Secretary), in cooperation with the Secretary of Agriculture, shall establish a technology transfer center to make available information on research, development, and commercial application of technologies related to biofuels and biorefineries, including—

(1)

biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks;

(2)

biotechnology processes capable of making biofuels with an emphasis on development of biorefinery technologies using enzyme-based processing systems;

(3)

biogas collection and production technologies suitable for vehicular use;

(4)

cost-effective reforming technologies that produce hydrogen fuel from biogas sources;

(5)

biogas production from cellulosic and recycled organic waste sources and advancement of gaseous storage systems and advancement of gaseous storage systems; and

(6)

other advanced processes and technologies that will enable the development of biofuels.

(b)

Administration

In administering this section, the Secretary shall ensure that the center shall—

(1)

continually update information provided by the center;

(2)

make information available on biotechnology processes; and

(3)

make information and assistance provided by the center available for those involved in energy research, development, demonstration, and commercial application.

4403.

Biofuels and advanced biofuels infrastructure

Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended by adding at the end the following new subsection:

(f)

Biofuels and advanced biofuels infrastructure

The Secretary, in consultation with the Secretary of Transportation and the Assistant Administrator for Research and Development of the Environmental Protection Agency, shall carry out a program of research, development, and demonstration as it relates to existing transportation fuel distribution infrastructure and new alternative distribution infrastructure. The program shall focus on the physical and chemical properties of biofuels and efforts to prevent or mitigate against adverse impacts of those properties in the following areas:

(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 pollutants.

(5)

Poor flow properties related to low temperatures.

(6)

Oxidative and thermal instability in long-term storage and use.

(7)

Microbial contamination.

(8)

Problems associated with electrical conductivity.

(9)

Such other areas as the Secretary considers appropriate.

.

4404.

Biodiesel

(a)

Biodiesel study

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on any research and development challenges inherent in increasing to 2.5 percent the proportion of diesel fuel sold in the United States that is biodiesel (within the meaning of section 211(o) of the Clean Air Act).

(b)

Materials for the Establishment of Standards

The Director of the National Institute of Standards and Technology shall make publicly available the physical property data and characterization of biodiesel, as is defined in subsection (a), in order to encourage the establishment of standards that will promote their utilization in the transportation and fuel delivery system.

4405.

Biogas

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on any research and development challenges inherent in increasing to 5 percent of the transportation fuels sold in the United States fuel with biogas or a blend of biogas and natural gas.

4406.

Bioresearch centers for systems biology program

Section 977(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16317(a)(1)) is amended by inserting before the period at the end the following: , including the establishment of at least 5 bioresearch centers of varying sizes, as appropriate, that focus on biofuels, of which at least 1 center shall be located in each of the 5 Petroleum Administration for Defense Districts, which shall be established for a period of 5 years, after which the grantee may reapply for selection on a competitive basis.

4407.

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)) 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.

4408.

Biorefinery energy efficiency

Section 932 of 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 Ethanol from Cellulosic Materials

The Secretary shall establish 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.

.

4409.

Study of increased consumption of ethanol-blended gasoline with higher levels of ethanol

(a)

In general

The Secretary, in cooperation with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, shall conduct a study of the methods of increasing consumption in the United States of ethanol-blended gasoline with levels of ethanol that are not less than 10 percent and not more than 40 percent.

(b)

Study

The study under subsection (a) shall include—

(1)

a review of production and infrastructure constraints on increasing consumption of ethanol;

(2)

an evaluation of the environmental consequences of the ethanol blends described in subsection (a) on evaporative and exhaust emissions from on-road, off-road, and marine vehicle engines;

(3)

an evaluation of the consequences of the ethanol blends described in subsection (a) on the operation, durability, and performance of on-road, off-road, and marine vehicle engines; and

(4)

an evaluation of the life cycle impact of the use of the ethanol blends described in subsection (a) on carbon dioxide and greenhouse gas emissions.

(c)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section.

4410.

Study of optimization of flexible fueled vehicles to use E–85 fuel

(a)

In General

The Secretary, in consultation with the Secretary of Transportation, shall conduct a study of whether optimizing 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 enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study under this section, including any recommendations of the Secretary.

4411.

Study of engine durability and performance associated with the use of biodiesel

(a)

In general

Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate 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 enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study under this section, including any recommendations of the Secretary.

4412.

Bioenergy research and development, authorization of appropriation

(a)

Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is amended—

(1)

in subsection (b)—

(A)

at the end of paragraph (2) by striking and;

(B)

at the end of paragraph (3) by striking the period and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(4)

$963,000,000 for fiscal year 2010.

; and

(2)

in subsection (c)—

(A)

in paragraph (2), by striking $251,000,000 and inserting $377,000,000;

(B)

in paragraph (3), by striking $274,000,000 and inserting $398,000,000; and

(C)

by adding at the end the following new paragraph:

(4)

$419,000,000 for fiscal year 2010, of which $150,000,00 shall be for section 932(d).

.

4413.

Environmental research and development

(a)

Amendments

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 environmental science; and

(2)

in subsection (b)—

(A)

in paragraph (1), by inserting in sustainable production systems that reduce greenhouse gas emissions after hydrogen;

(B)

at the end of paragraph (3), by striking and;

(C)

by redesignating paragraph (4) as paragraph (5); and

(D)

by inserting after paragraph (3) the following new paragraph:

(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

The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture, shall establish a research and development program to—

(1)

improve and develop 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

(2)

promote the systematic evaluation of the impact of expanded biofuel production on the environment, including forestlands, and on the food supply for humans and animals.

(c)

Small-scale production and use of biofuels

The Secretary, in cooperation with the Secretary of Agriculture, shall establish a research and development program to facilitate small-scale production, local, and on-farm use of biofuels, including the development of small-scale gasification technologies for production of biofuel from cellulosic feedstocks.

4414.

Study of optimization of biogas used in natural gas vehicles

(a)

In general

The Secretary of Energy 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 the advancement of vehicle fuel systems and the combination of hybrid-electric and plug-in hybrid electric drive platforms with natural gas vehicle systems using biogas.

(b)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report that describes the results of the study, including any recommendations of the Secretary.

4415.

Standards for biofuels dispensers

In the absence of appropriate private sector standards adopted prior to the date of enactment of this Act, and consistent with the National Technology Transfer and Advancement Act of 1995, the Secretary of Energy, in consultation with the Director of the National Institute of Standards and Technology, shall develop standards for biofuel dispenser systems in order to promote broader biofuels adoption and utilization.

4416.

Algal biomass

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. 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.

4417.

University based research and development grant program

(a)

Establishment

The Secretary shall establish a competitive 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)

Institutions of higher education

The term institutions of higher education has the meaning as defined in section 102(a) of the Higher Education Act of 1965.

(3)

Renewable Energy

The term renewable energy has the meaning as defined in section 902 of the Energy Policy Act of 2005.

(4)

Urbanized area

The term urbanized area has the mean as defined by the U.S. Bureau of the Census.

F

Carbon Capture and Storage

4501.

Short title

This subtitle may be cited as the Department of Energy Carbon Capture and Storage Research, Development, and Demonstration Act of 2007.

4502.

Carbon capture and storage research, development, and demonstration program

(a)

Amendments

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 storage research, development, and demonstration;

(2)

in subsection (a)—

(A)

by striking research and development and inserting and storage research, development, and demonstration; and

(B)

by striking capture technologies on combustion-based systems and inserting capture and storage technologies related to electric power generating systems;

(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 geological formations that will provide information on the cost and feasibility of deployment 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 storage technologies

(A)

In general

The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) to develop and document the performance of new approaches to capture and store carbon dioxide, or to learn how to use carbon dioxide in products 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 and the field testing of carbon sequestration and carbon use activities, including—

(i)

development of new or advanced technologies for the capture of carbon dioxide;

(ii)

development of new or advanced technologies that reduce the cost and increase the efficacy of the compression of carbon dioxide required for the storage of carbon dioxide;

(iii)

modeling and simulation of geological sequestration field demonstrations;

(iv)

quantitative assessment of risks relating to specific field sites for testing of sequestration technologies; and

(v)

research and development of new and advanced technologies for carbon use, including recycling and reuse of carbon dioxide.

(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, mitigation, and verification operations in a variety of candidate geological settings, including—

(i)

operating oil and gas fields;

(ii)

depleted oil and gas fields;

(iii)

unmineable coal seams;

(iv)

deep saline formations;

(v)

deep geologic systems that may be used as engineered reservoirs to extract economical quantities of heat from geothermal resources of low permeability or porosity;

(vi)

deep geologic systems containing basalt formations; and

(vii)

high altitude terrain oil and gas fields.

(B)

Objectives

The objectives of tests conducted under this paragraph shall be—

(i)

to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify carbon dioxide containment;

(ii)

to validate modeling of geological formations;

(iii)

to refine storage capacity estimated for particular geological formations;

(iv)

to determine the fate of carbon dioxide concurrent with and following injection into geological formations;

(v)

to develop and implement best practices for operations relating to, and monitoring of, injection and storage of carbon dioxide in geologic formations;

(vi)

to assess and ensure the safety of operations related to geological storage 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 capture and storage that are funded by the Department of Energy; and

(viii)

to support Environmental Protection Agency efforts, in consultation with other agencies, to develop a scientifically sound regulatory framework to enable commercial-scale sequestration operations while safeguarding human health and underground sources of drinking water.

(3)

Large-scale carbon dioxide sequestration testing

(A)

In general

The Secretary shall conduct not less than 7 initial large-volume sequestration tests, not including the FutureGen project, for geological containment of carbon dioxide (at least 1 of which shall be international in scope) to validate information on the cost and feasibility of commercial deployment of technologies for geological containment of carbon dioxide.

(B)

Diversity of formations to be studied

In selecting formations for study under this paragraph, the Secretary shall consider a variety of geological formations across the United States, and require characterization and modeling of candidate formations, as determined by the Secretary.

(C)

Source of carbon dioxide for large-scale sequestration demonstrations

In the process of any acquisition of carbon dioxide for sequestration demonstrations under subparagraph (A), the Secretary shall give preference to purchases of carbon dioxide from industrial and coal-fired electric generation facilities. To the extent feasible, the Secretary shall prefer test projects from industrial and coal-fired electric generation facilities that would facilitate the creation of an integrated system of capture, transportation and storage of carbon dioxide. Until coal-fired electric generation facilities, either new or existing, are operating with carbon dioxide capture technologies, other industrial sources of carbon dioxide should be pursued under this paragraph. 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 metric tons of carbon dioxide annually, or a scale that demonstrably exceeds the necessary thresholds in key geologic transients to validate the ability continuously to inject quantities on the order of several million metric tons of industrial carbon dioxide annually for a large number of years.

(4)

Large-Scale Demonstration of carbon dioxide Capture Technologies

(A)

In general

The Secretary shall carry out at least 3 and no more than 5 demonstrations, that include each of the technologies described in subparagraph (B), for the large-scale capture of carbon dioxide from industrial sources of carbon dioxide, at least 2 of which are facilities that generate electric energy from fossil fuels. Candidate facilities for other demonstrations under this paragraph shall include facilities that refine petroleum, manufacture iron or steel, manufacture cement or cement clinker, manufacture commodity chemicals, and ethanol and fertilizer plants. Consideration may be given to capture of carbon dioxide from industrial facilities and electric generation carbon sources that are near suitable geological reservoirs and could continue sequestration. To ensure reduced carbon dioxide emissions, the Secretary shall take necessary actions to provide for the integration of the program under this paragraph with the long-term carbon dioxide sequestration demonstrations described in paragraph (3). These actions should not delay implementation of the large-scale sequestration tests authorized in paragraph (3).

(B)

Technologies

The technologies referred to in subparagraph (A) are precombustion capture, post-combustion capture, and oxycombustion.

(C)

Scope of Award

An award under this paragraph shall be only for the portion of the project that carries out the large-scale capture (including purification and compression) of carbon dioxide, as well as the cost of transportation and injection of carbon dioxide.

(5)

Preference in project selection from meritorious proposals

In making competitive awards under this subsection, 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 subcontractors in the construction, repair, or alteration of new or existing facilities performed in order to carry out a demonstration or commercial application activity authorized under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality, as 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.

(6)

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), except that the Federal share of a project under paragraph (4) shall not exceed 50 percent.

(d)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to the Secretary for carrying out this section, other than subsection (c)(3) and (4)—

(A)

$100,000,000 for fiscal year 2008;

(B)

$100,000,000 for fiscal year 2009;

(C)

$100,000,000 for fiscal year 2010; and

(D)

$100,000,000 for fiscal year 2011.

(2)

Sequestration

There are authorized to be appropriated to the Secretary for carrying out subsection (c)(3)—

(A)

$140,000,000 for fiscal year 2008;

(B)

$140,000,000 for fiscal year 2009;

(C)

$140,000,000 for fiscal year 2010; and

(D)

$140,000,000 for fiscal year 2011.

(3)

Carbon capture

There are authorized to be appropriated to the Secretary for carrying out subsection (c)(4)—

(A)

$180,000,000 for fiscal year 2009;

(B)

$180,000,000 for fiscal year 2010;

(C)

$180,000,000 for fiscal year 2011; and

(D)

$180,000,000 for fiscal year 2012.

.

(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 storage research, development, and demonstration program.

.

4503.

Review of large-scale programs

The Secretary of Energy shall enter into an arrangement with the National Academy of Sciences for an independent review and oversight, beginning in 2011, of the programs under section 963(c)(3) and (4) of the Energy Policy Act of 2005, as added by section 4502 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.

4504.

Safety research

(a)

Program

The Assistant Administrator for Research and Development of the Environmental Protection Agency shall conduct a research program to determine procedures necessary to protect public health, safety, and the environment from impacts that may be associated with capture, injection, and sequestration of greenhouse gases in subterranean reservoirs.

(b)

Authorization of appropriations

There are authorized to be appropriated for carrying out this section $5,000,000 for each fiscal year.

4505.

Geological sequestration training and research

(a)

Study

(1)

In general

The Secretary of Energy shall enter into an arrangement with the National Academy of Sciences to undertake a study that—

(A)

defines an interdisciplinary program in geology, engineering, hydrology, environmental science, and related disciplines that will support the Nation’s capability to capture and sequester carbon dioxide from anthropogenic sources;

(B)

addresses undergraduate and graduate education, especially to help develop graduate level programs of research and instruction that lead to advanced degrees with emphasis on geological sequestration science;

(C)

develops guidelines for proposals from colleges and universities with substantial capabilities in the required disciplines that wish to implement geological sequestration science programs that advance the Nation’s capacity to address carbon management through geological 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 enactment of this Act, the Secretary of Energy shall transmit to the Congress a copy of the results of the study provided by the National Academy of Sciences under paragraph (1).

(3)

Authorization of appropriations

There are authorized to be appropriated to the Secretary for carrying out this subsection $1,000,000 for fiscal year 2008.

(b)

Grant program

(1)

Establishment

The Secretary of Energy, through the National Energy Technology Laboratory, shall establish a competitive grant program through which colleges and universities may apply for and receive 4-year grants for—

(A)

salary and startup costs for newly designated faculty positions in an integrated geological carbon sequestration science program; and

(B)

internships for graduate students in geological sequestration science.

(2)

Renewal

Grants under this subsection shall be renewable for up to 2 additional 3-year terms, based on performance criteria, established by the National Academy of Sciences study conducted under subsection (a), that include the number of graduates of such programs.

(3)

Interface with Regional geological Carbon Sequestration Partnerships

To the greatest extent possible, geological carbon sequestration science programs supported under this subsection shall interface with the research of the Regional Carbon Sequestration Partnerships operated by the Department of Energy to provide internships and practical training in carbon capture and geological sequestration.

(4)

Authorization of appropriations

There are authorized to be appropriated to the Secretary for carrying out this subsection such sums as may be necessary.

4506.

University based research and development grant program

(a)

Establishment

The Secretary of Energy, in consultation with other appropriate agencies, shall establish a university based research and development program to study carbon capture and sequestration using the various types of coal.

(b)

Grants

Under this section, the Secretary shall award 5 grants for projects submitted by colleges or universities to study carbon capture and sequestration in conjunction with the recovery of oil and other enhanced elemental and mineral recovery. Consideration shall be given to areas that have regional sources of coal for the study of carbon capture and sequestration.

(c)

Rural and agricultural institutions

The Secretary shall designate that at least 2 of these grants shall be awarded to rural or agricultural based institutions that offer interdisciplinary programs in the area of environmental science to study carbon capture and sequestration in conjunction with the recovery of oil and other enhanced elemental and mineral recovery.

(d)

Authorization of Appropriations

There are to be authorized to be appropriated $10,000,000 to carry out this section.

G

Global Change Research

4601.

Short title

This subtitle may be cited as the Global Change Research and Data Management Act of 2007.

1

Global change research

4611.

Findings and purpose

(a)

Findings

The Congress makes the following findings:

(1)

Industrial, agricultural, and other human activities, coupled with an expanding world population, are contributing to processes of global change that are significantly altering the Earth habitat.

(2)

Such human-induced changes, in conjunction with natural fluctuations, may lead to significant alterations of world climate patterns. Over the next century, these changes could adversely affect world agricultural and marine production, coastal habitability, biological diversity, human health, global social and political stability, and global economic activity.

(3)

Developments in interdisciplinary Earth sciences, global observing systems, and satellite and computing technologies make possible significant scientific understanding of global changes and their effects, and have resulted in the significant expansion of environmental data and information.

(4)

Development of effective policies to prevent, mitigate, and adapt to global change will rely on improvement in scientific understanding of global environmental processes and on development of information that is of use to decisionmakers at the local, regional, and national levels.

(5)

Although the United States Global Change Research Program has made significant contributions to understanding Earth’s climate and the anthropogenic influences on Earth’s climate and its ecosystems, the Program now needs to produce more information to meet the expressed needs of decisionmakers.

(6)

Predictions of future climate conditions for specific regions have considerable uncertainty and are unlikely to be confirmed in a time period necessary to inform decisions on land, water, and resource management. However, improved understanding of global change should be used to assist decisionmakers in the development of policies to ensure that ecological, social, and economic systems are resilient under a variety of plausible climate futures.

(7)

In order to most effectively meet the needs of decisionmakers, both the research agenda of the United States Global Change Research Program and its implementation must be informed by continuous feedback from documented users of information generated by the Program.

(b)

Purpose

The purpose of this part is to provide for the continuation and coordination of a comprehensive and integrated United States observation, research, and outreach program which will assist the Nation and the world to understand, assess, predict, and respond to the effects of human-induced and natural processes of global change.

4612.

Definitions

For purposes of this part—

(1)

the term global change means human-induced or natural changes in the global environment (including alterations in climate, land productivity, oceans or other water resources, atmospheric chemistry, biodiversity, and ecological systems) that may alter the capacity of the Earth to sustain life;

(2)

the term global change research means study, monitoring, assessment, prediction, and information management activities to describe and understand—

(A)

the interactive physical, chemical, and biological processes that regulate the total Earth system;

(B)

the unique environment that the Earth provides for life;

(C)

changes that are occurring in the Earth system; and

(D)

the manner in which such system, environment, and changes are influenced by human actions;

(3)

the term interagency committee means the interagency committee established under section 4613;

(4)

the term Plan means the National Global Change Research and Assessment Plan developed under section 4615;

(5)

the term Program means the United States Global Change Research Program established under section 4614; and

(6)

the term regional climate change means the natural or human-induced changes manifested in the local or regional environment (including alterations in weather patterns, land productivity, water resources, sea level rise, atmospheric chemistry, biodiversity, and ecological systems) that may alter the capacity of a specific region to support current or future social and economic activity or natural ecosystems.

4613.

Interagency cooperation and coordination

(a)

Establishment

The President shall establish or designate an interagency committee to ensure cooperation and coordination of all Federal research activities pertaining to processes of global change for the purpose of increasing the overall effectiveness and productivity of Federal global change research efforts. The interagency committee shall include representatives of both agencies conducting global change research and agencies with authority over resources likely to be affected by global change.

(b)

Functions of the Interagency Committee

The interagency committee shall—

(1)

serve as the forum for developing the Plan and for overseeing its implementation;

(2)

serve as the forum for developing the vulnerability assessment under section 4617;

(3)

ensure cooperation among Federal agencies with respect to global change research activities;

(4)

work with academic, State, industry, and other groups conducting global change research, to provide for periodic public and peer review of the Program;

(5)

cooperate with the Secretary of State in—

(A)

providing representation at international meetings and conferences on global change research in which the United States participates; and

(B)

coordinating the Federal activities of the United States with programs of other nations and with international global change research activities;

(6)

work with appropriate Federal, State, regional, and local authorities to ensure that the Program is designed to produce information needed to develop policies to reduce the vulnerability of the United States and other regions to global change;

(7)

facilitate ongoing dialog and information exchange with regional, State, and local governments and other user communities; and

(8)

identify additional decisionmaking groups that may use information generated through the Program.

4614.

United States Global Change Research Program

(a)

Establishment

The President shall establish an interagency United States Global Change Research Program to improve understanding of global change, to respond to the information needs of communities and decisionmakers, and to provide periodic assessments of the vulnerability of the United States and other regions to global and regional climate change. The Program shall be implemented in accordance with the Plan.

(b)

Lead agency

The lead agency for the United States Global Change Research Program shall be the Office of Science and Technology Policy.

(c)

Interagency program activities

The Director of the Office of Science and Technology Policy, in consultation with the interagency committee, shall identify activities included in the Plan that involve participation by 2 or more agencies in the Program, and that do not fall within the current fiscal year budget allocations of those participating agencies, to fulfill the requirements of this subtitle. The Director of the Office of Science and Technology Policy shall allocate funds to the agencies to conduct the identified interagency activities. Such activities may include—

(1)

development of scenarios for climate, land-cover change, population growth, and socioeconomic development;

(2)

calibration and testing of alternative regional and global climate models;

(3)

identification of economic sectors and regional climatic zones; and

(4)

convening regional workshops to facilitate information exchange and involvement of regional, State, and local decisionmakers, non-Federal experts, and other stakeholder groups in the activities of the Program.

(d)

Workshops

The Director shall ensure that at least one workshop is held per year in each region identified by the Plan under section 4615(b)(11) to facilitate information exchange and outreach to regional, State, and local stakeholders as required by this subtitle.

(e)

Authorization of appropriations

There are authorized to be appropriated to the Office of Science and Technology Policy for carrying out this section $10,000,000 for each of the fiscal years 2008 through 2013.

4615.

National Global Change Research and Assessment Plan

(a)

In General

The President shall develop a National Global Change Research and Assessment Plan for implementation of the Program. The Plan shall contain recommendations for global change research and assessment. The President shall submit an outline for the development of the Plan to the Congress within 1 year after the date of enactment of this Act, and shall submit a completed Plan to the Congress within 3 years after the date of enactment of this Act. Revised Plans shall be submitted to the Congress at least once every 5 years thereafter. In the development of each Plan, the President shall conduct a formal assessment process under this section to determine the needs of appropriate Federal, State, regional, and local authorities and other interested parties regarding the types of information needed by them in developing policies to reduce society’s vulnerability to global change and shall utilize these assessments, including the reviews by the National Academy of Sciences and the National Governors Association under subsections (e) and (f), in developing the Plan.

(b)

Contents of the Plan

The Plan shall—

(1)

establish, for the 10-year period beginning in the year the Plan is submitted, the goals and priorities for Federal global change research which most effectively advance scientific understanding of global change and provide information of use to Federal, State, regional, and local authorities in the development of policies relating to global change;

(2)

describe specific activities, including efforts to determine user information needs, research activities, data collection, database development, and data analysis requirements, development of regional scenarios, assessment of model predictability, assessment of climate change impacts, participation in international research efforts, and information management, required to achieve such goals and priorities;

(3)

identify relevant programs and activities of the Federal agencies that contribute to the Program directly and indirectly;

(4)

set forth the role of each Federal agency in implementing the Plan;

(5)

consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities;

(6)

make recommendations for the coordination of the global change research and assessment activities of the United States with such activities of other nations and international organizations, including—

(A)

a description of the extent and nature of international cooperative activities;

(B)

bilateral and multilateral efforts to provide worldwide access to scientific data and information; and

(C)

improving participation by developing nations in international global change research and environmental data collection;

(7)

detail budget requirements for Federal global change research and assessment activities to be conducted under the Plan;

(8)

catalog the type of information identified by appropriate Federal, State, regional, and local decisionmakers needed to develop policies to reduce society’s vulnerability to global change and indicate how the planned research will meet these decisionmakers’ information needs;

(9)

identify the observing systems currently employed in collecting data relevant to global and regional climate change research and prioritize additional observation systems that may be needed to ensure adequate data collection and monitoring of global change;

(10)

describe specific activities designed to facilitate outreach and data and information exchange with regional, State, and local governments and other user communities; and

(11)

identify and describe regions of the United States that are likely to experience similar impacts of global change or are likely to share similar vulnerabilities to global change.

(c)

Research Elements

The Plan shall include at a minimum the following research elements:

(1)

Global measurements, establishing worldwide to regional scale observations prioritized to understand global change and to meet the information needs of decisionmakers on all relevant spatial and time scales.

(2)

Information on economic, demographic, and technological trends that contribute to changes in the Earth system and that influence society’s vulnerability to global and regional climate change.

(3)

Development of indicators and baseline databases to document global change, including changes in species distribution and behavior, extent of glaciations, and changes in sea level.

(4)

Studies of historical changes in the Earth system, using evidence from the geological and fossil record.

(5)

Assessments of predictability using quantitative models of the Earth system to simulate global and regional environmental processes and trends.

(6)

Focused research initiatives to understand the nature of and interaction among physical, chemical, biological, land use, and social processes related to global and regional climate change.

(7)

Focused research initiatives to determine and then meet the information needs of appropriate Federal, State, and regional decisionmakers.

(d)

Information Management

The Plan shall incorporate, to the extent practicable, the recommendations relating to data acquisition, management, integration, and archiving made by the interagency climate and other global change data management working group established under section 4633.

(e)

National Academy of Sciences Evaluation

The President shall enter into an agreement with the National Academy of Sciences under which the Academy shall—

(1)

evaluate the scientific content of the Plan; and

(2)

recommend priorities for future global and regional climate change research and assessment.

(f)

National Governors Association Evaluation

The President shall enter into an agreement with the National Governors Association Center for Best Practices under which that Center shall—

(1)

evaluate the utility to State, local, and regional decisionmakers of each Plan and of the anticipated and actual information outputs of the Program for development of State, local, and regional policies to reduce vulnerability to global change; and

(2)

recommend priorities for future global and regional climate change research and assessment.

(g)

Public Participation

In developing the Plan, the President shall consult with representatives of academic, State, industry, and environmental groups. Not later than 90 days before the President submits the Plan, or any revision thereof, to the Congress, a summary of the proposed Plan shall be published in the Federal Register for a public comment period of not less than 60 days.

4616.

Budget coordination

(a)

In General

The President shall provide general guidance to each Federal agency participating in the Program with respect to the preparation of requests for appropriations for activities related to the Program.

(b)

Consideration in President’s Budget

The President shall submit, at the time of his annual budget request to Congress, a description of those items in each agency’s annual budget which are elements of the Program.

4617.

Vulnerability assessment

(a)

Requirement

Within 1 year after the date of enactment of this Act, and at least once every 5 years thereafter, the President shall submit to the Congress an assessment which—

(1)

integrates, evaluates, and interprets the findings of the Program and discusses the scientific uncertainties associated with such findings;

(2)

analyzes current trends in global change, both human-induced and natural, and projects major trends for the subsequent 25 to 100 years;

(3)

based on indicators and baselines developed under section 4615(c)(3), as well as other measurements, analyzes changes to the natural environment, land and water resources, and biological diversity in—

(A)

major geographic regions of the United States; and

(B)

other continents;

(4)

analyzes the effects of global change, including the changes described in paragraph (3), on food and fiber production, energy production and use, transportation, human health and welfare, water availability and coastal infrastructure, and human social and economic systems, including providing information about the differential impacts on specific geographic regions within the United States, on people of different income levels within those regions, and for rural and urban areas within those regions; and

(5)

summarizes the vulnerability of different geographic regions of the world to global change and analyzes the implications of global change for the United States, including international assistance, population displacement, food and resource availability, and national security.

(b)

Use of related reports

To the extent appropriate, the assessment produced pursuant to this section may coordinate with, consider, incorporate, or otherwise make use of related reports, assessments, or information produced by the United States Global Change Research Program, regional, State, and local entities, and international organizations, including the World Meteorological Organization and the Intergovernmental Panel on Climate Change.

4618.

Policy assessment

Not later than 1 year after the date of enactment of this Act, and at least once every 4 years thereafter, the President shall enter into a joint agreement with the National Academy of Public Administration and the National Academy of Sciences under which the Academies shall—

(1)

document current policy options being implemented by Federal, State, and local governments to mitigate or adapt to the effects of global and regional climate change;

(2)

evaluate the realized and anticipated effectiveness of those current policy options in meeting mitigation and adaptation goals;

(3)

identify and evaluate a range of additional policy options and infrastructure for mitigating or adapting to the effects of global and regional climate change;

(4)

analyze the adoption rates of policies and technologies available to reduce the vulnerability of society to global change with an evaluation of the market and policy obstacles to their adoption in the United States; and

(5)

evaluate the distribution of economic costs and benefits of these policy options across different United States economic sectors.

4619.

Annual report

Each year at the time of submission to the Congress of the President’s budget request, the President shall submit to the Congress a report on the activities conducted pursuant to this part, including—

(1)

a description of the activities of the Program during the past fiscal year;

(2)

a description of the activities planned in the next fiscal year toward achieving the goals of the Plan; and

(3)

a description of the groups or categories of State, local, and regional decisionmakers identified as potential users of the information generated through the Program and a description of the activities used to facilitate consultations with and outreach to these groups, coordinated through the work of the interagency committee.

4620.

Relation to other authorities

The President shall—

(1)

ensure that relevant research, assessment, and outreach activities of the National Climate Program, established by the National Climate Program Act (15 U.S.C. 2901 et seq.), are considered in developing national global and regional climate change research and assessment efforts; and

(2)

facilitate ongoing dialog and information exchange with regional, State, and local governments and other user communities through programs authorized in the National Climate Program Act (15 U.S.C. 2901 et seq.).

4621.

Repeal

The Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.) is repealed.

4622.

Global change research information

The President shall establish or designate a Global Change Research Information Exchange to make scientific research and other information produced through or utilized by the Program which would be useful in preventing, mitigating, or adapting to the effects of global change accessible through electronic means.

4623.

Ice sheet study and report

(a)

Study

(1)

Requirement

The Director of the National Science Foundation and the Administrator of National Oceanic and Atmospheric Administration shall enter into an arrangement with the National Academy of Sciences to complete a study of the current status of ice sheet melt, as caused by climate change, with implications for global sea level rise.

(2)

Contents

The study shall take into consideration—

(A)

the past research completed related to ice sheet melt as reviewed by Working Group I of the Intergovernmental Panel on Climate Change;

(B)

additional research completed since the fall of 2005 that was not included in the Working Group I report due to time constraints; and

(C)

the need for an accurate assessment of changes in ice sheet spreading, changes in ice sheet flow, self-lubrication, the corresponding effect on ice sheets, and current modeling capabilities.

(3)

Report

Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the key findings of the study conducted under subsection (a), along with recommendations for additional research related to ice sheet melt and corresponding sea level rise.

4624.

Hurricane frequency and intensity study and report

(a)

Study

(1)

Requirement

The Administrator of the National Oceanic and Atmospheric Administration and the Director of the National Science Foundation shall enter into an arrangement with the National Academy of Sciences to complete a study of the current state of the science on the potential impacts of climate change on patterns of hurricane and typhoon development, including storm intensity, track, and frequency, and the implications for hurricane-prone and typhoon-prone coastal regions.

(2)

Contents

The study shall take into consideration—

(A)

the past research completed related to hurricane and typhoon development, track, and intensity as reviewed by Working Groups I and II of the Intergovernmental Panel on Climate Change;

(B)

additional research completed since the fall of 2005 that was not included in the Working Group I and II reports due to time constraints;

(C)

the need for accurate assessment of potential changes in hurricane and typhoon intensity, track, and frequency and of the current modeling and forecasting capabilities and the need for improvements in forecasting of these parameters; and

(D)

the need for additional research and monitoring to improve forecasting of hurricanes and typhoons and to understand the relationship between climate change and hurricane and typhoon development.

(3)

Report

Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the key findings of the study conducted under subsection (a).

2

Climate and other global change data management

4631.

Findings and purposes

(a)

Findings

The Congress makes the following findings:

(1)

Federal agencies have a primary mission to manage and archive climate and other global change data obtained through their research, development, or operational activities.

(2)

Maintenance of climate and global change data records is essential to present and future studies of the Earth’s atmosphere, biogeochemical cycles, and climate.

(3)

Federal capabilities for the management and archiving of these data have not kept pace with advances in satellite and other observational technologies that have vastly expanded the type and amount of information that can be collected.

(4)

Proposals and plans for expansion of global observing networks should include plans for the management of data to be collected and budgets reflecting the cost of support for management and archiving of data.

(b)

Purposes

The purposes of this part are to establish climate and other global change data management and archiving as Federal agency missions, and to establish Federal policies for managing and archiving climate and other global change data.

4632.

Definitions

For purposes of this part—

(1)

the term metadata means information describing the content, quality, condition, and other characteristics of climate and other global change data, compiled, to the maximum extent possible, consistent with the requirements of the Content Standard for Digital Geospatial Metadata (FGDC–STD–001–1998) issued by the Federal Geographic Data Committee, or any successor standard approved by the working group; and

(2)

the term working group means the interagency climate and other global change data management working group established under section 4633.

4633.

Interagency climate and other global change data management working group

(a)

Establishment

The President shall establish or designate an interagency climate and other global change data management working group to make recommendations for coordinating Federal climate and other global change data management and archiving activities.

(b)

Membership

The working group shall include the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of Energy, the Secretary of Defense, the Director of the National Science Foundation, the Director of the United States Geological Survey, the Archivist of the United States, the Administrator of the Environmental Protection Agency, the Secretary of the Smithsonian Institution, or their designees, and representatives of any other Federal agencies the President considers appropriate.

(c)

Reports

Not later than 1 year after the date of enactment of this Act, the working group shall transmit a report to the Congress containing the elements described in subsection (d). Not later than 4 years after the initial report under this subsection, and at least once every 4 years thereafter, the working group shall transmit reports updating the previous report. In preparing reports under this subsection, the working group shall consult with expected users of the data collected and archived by the Program.

(d)

Contents

The reports and updates required under subsection (c) shall—

(1)

include recommendations for the establishment, maintenance, and accessibility of a catalog identifying all available climate and other global change data sets;

(2)

identify climate and other global change data collections in danger of being lost and recommend actions to prevent such loss;

(3)

identify gaps in climate and other global change data and recommend actions to fill those gaps;

(4)

identify effective and compatible procedures for climate and other global change data collection, management, and retention and make recommendations for ensuring their use by Federal agencies and other appropriate entities;

(5)

develop and propose a coordinated strategy for funding and allocating responsibilities among Federal agencies for climate and other global change data collection, management, and retention;

(6)

make recommendations for ensuring that particular attention is paid to the collection, management, and archiving of metadata;

(7)

make recommendations for ensuring a unified and coordinated Federal capital investment strategy with respect to climate and other global change data collection, management, and archiving;

(8)

evaluate the data record from each observing system and make recommendations to ensure that delivered data are free from time-dependent biases and random errors before they are transferred to long-term archives; and

(9)

evaluate optimal design of observation system components to ensure a cost-effective, adequate set of observations detecting and tracking global change.

H

H-Prize

4701.

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 competitively 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 individuals, universities (including historically Black colleges and universities and other minority serving institutions), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons).

(ii)

Announcement through federal register notice

The Secretary shall announce each prize competition under this subsection by publishing a notice in the Federal Register. This notice shall include essential elements of the competition such as the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize.

(C)

Administering the competitions

The Secretary shall enter into an agreement with a private, nonprofit entity to administer the prize competitions under this subsection, subject to the provisions of this subsection (in this subsection referred to as the administering entity). The duties of the administering entity under the agreement shall include—

(i)

advertising prize competitions under this subsection and their results;

(ii)

raising funds from private entities and individuals 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 Secretary, 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 Secretary on the selection of judges in accordance with paragraph (2)(D), using criteria developed in consultation with and subject to the final approval of the Secretary; and

(vi)

protecting against the administering entity’s unauthorized use or disclosure of a registered participant’s trade secrets and confidential business information. Any information properly identified as trade secrets or confidential business information that is submitted by a participant as part of a competitive program 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 Federal agencies for such cash prizes and, notwithstanding section 3302(b) of title 31, United States Code, may use such funds for the cash prize program under this subsection. Other than publication of the names of prize sponsors, the Secretary may not give any special 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

(ii)

the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by the administering entity.

(F)

Sunset

The authority to announce prize competitions under this subsection shall terminate on September 30, 2018.

(2)

Prize categories

(A)

Categories

The Secretary shall 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 subparagraph (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 participants meet the objective performance criteria established 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 subparagraph (A)(iii) as soon after the date of enactment of this subsection as is practicable. A prize offered under this clause shall be not less than $10,000,000, paid to the winner in a lump sum, and an additional amount paid to the winner as a 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, whichever occurs first. A prize winner may elect to have the match amount paid to another entity that is continuing 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 paragraph (1)(B)(ii). Not more than $10,000,000 in Federal funds may be used for the prize award under this clause. The administering entity shall seek to raise $40,000,000 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 private organizations, including professional societies, industry associations, and the National Academy of Sciences and the National Academy of Engineering.

(D)

Judges

For each prize competition under this subsection, the Secretary in consultation with the administering entity shall assemble a panel of qualified judges to select the winner or winners on the basis of the criteria established under subparagraph (C). Judges for each prize competition shall include individuals from outside the Department, including from the private sector. A judge, spouse, minor children, and members of the judge’s household may not—

(i)

have personal or financial 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);

(B)

in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen of, or an alien 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 participation 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 competition under this subsection.

(5)

Liability

(A)

Waiver of liability

The Secretary may require registered participants to waive claims against the Federal Government and the administering entity (except claims for willful misconduct) for any injury, death, damage, or loss of property, revenue, or profits arising from the registered participants’ participation in a competition under this subsection. The Secretary shall give notice of any waiver required under this subparagraph in the notice required by paragraph (1)(B)(ii). The Secretary may not 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 registered 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 annually thereafter, the Secretary shall transmit to the Congress a report that—

(A)

identifies each award recipient;

(B)

describes the technologies developed by each award recipient; and

(C)

specifies actions being taken toward commercial application of all technologies with respect to which a prize has been awarded under this subsection.

(7)

Authorization of appropriations

(A)

In general

(i)

Awards

There are authorized to be appropriated to the Secretary for the period encompassing fiscal years 2008 through 2017 for carrying out this subsection—

(I)

$20,000,000 for awards described in paragraph (2)(A)(i);

(II)

$20,000,000 for awards described in paragraph (2)(A)(ii); and

(III)

$10,000,000 for the award described in paragraph (2)(A)(iii).

(ii)

Administration

In addition to the amounts authorized in clause (i), 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 subsection permits obligation or payment of funds in violation of section 1341 of title 31 of the United States Code (commonly 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.

.

V

Agriculture Energy

5001.

Table of contents

Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by inserting before section 9001 the following new section:

9000.

Table of contents

The table of contents of this title is as follows:

Title IX—Energy

Sec. 9000. Table of contents.

Sec. 9001. Definitions.

Sec. 9002. Federal procurement of biobased products.

Sec. 9003. Biorefinery development grants; loan guarantees for biorefineries and biofuel production plants.

Sec. 9004. Biodiesel fuel education program.

Sec. 9005. Energy audit and renewable energy development program.

Sec. 9006. Rural energy for America program.

Sec. 9007. Hydrogen and fuel cell technologies.

Sec. 9008. Biomass Research and Development Act of 2000.

Sec. 9009. Cooperative research and extension projects.

Sec. 9010. Continuation of bioenergy program.

Sec. 9011. Research, extension, and educational programs on biobased energy technologies and products.

Sec. 9012. Energy Council of the Department of Agriculture.

Sec. 9013. Forest bioenergy research program.

.

5002.

Federal procurement of biobased products

Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended—

(1)

in subsection (c)(1), by inserting , composed of at least five percent of intermediate ingredients and feedstocks (such as biopolymers, methyl soyate, and soy polyols) as designated by the Secretary, after highest percentage of biobased products practicable;

(2)

by striking subsection (h)(2) and inserting the following:

(2)

Eligibility criteria

(A)

In general

Not later than 90 days after the date of the enactment of the New Direction for Energy Independence, National Security, and Consumer Protection Act, the Secretary, in consultation with other Federal departments and agencies and with non-governmental groups with an interest in biobased products, including small and large producers of biobased materials and products, industry, trade organizations, academia, consumer organizations, and environmental organizations, shall issue criteria for determining which products may qualify to receive the label under paragraph (1). The criteria shall encourage the purchase of products with the maximum biobased content, and should, to the maximum extent possible, be consistent with the guidelines issued under subsection (e).

(B)

Intermediate ingredients

The criteria issued under subparagraph (A) shall provide that the Secretary may designate intermediate ingredients and feedstocks (such as biopolymers, methyl soyate, and soy polyols) as biobased for the purposes of the voluntary program established under this subsection.

; and

(3)

by striking subsection (k)(2)(A) and inserting the following:

(A)

In general

Of the funds of the Commodity Credit Corporation, the Secretary shall use $2,000,000 for each of fiscal years 2008 through 2012 for bio-product testing and support ongoing operations of the Designation Program, the Voluntary Labeling Program, procurement program models, procurement research, promotion, education, and awareness of the BioPreferred Program.

.

5003.

Loan guarantees for biorefineries and biofuel production plants

Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended—

(1)

in the section heading, by inserting ; loan guarantees for biorefineries and biofuel production plants after grants;

(2)

in subsection (b)(2)(A), by striking and the 1st place it appears and inserting or;

(3)

in subsection (c), by redesignating subsection (h) as subsection (j) and subsections (d) through (g) as subsections (e) through (h), respectively, and inserting after subsection (c) the following:

(d)

Loan guarantees

(1)

In general

The Secretary shall make loan guarantees to eligible entities to assist in paying the cost of development and construction of biorefineries and biofuel production plants (including retrofitting) to carry out projects to demonstrate the commercial viability of 1 or more processes for converting biomass to fuels or chemicals.

(2)

Limitations

(A)

Maximum percentage of loan guaranteed

A loan guarantee under paragraph (1) shall be for not more than 90 percent of the principal and interest due on the loan.

(B)

Total amounts guaranteed

The total amount of principal and interest guaranteed under paragraph (1) shall not exceed—

(i)

$600,000,000, in the case of loans valued at not more than $100,000,000; or

(ii)

$1,000,000,000, in the case of loans valued at more than $100,000,000 but not more than $250,000,000.

(C)

Maximum term of loan guaranteed

The Secretary shall determine the maximum term of a loan guarantee provided under paragraph (1).

;

(4)

in subsection (f) (as so redesignated)—

(A)

in paragraph (1), by inserting and loan guarantees under subsection (d) after (c);

(B)

in paragraph (2)(A), by inserting or loan guarantees under subsection (d) after (c);

(C)

in paragraph (2)(B)—

(i)

by striking and at the end of clause (viii);

(ii)

by striking the period at the end of clause (ix) and inserting ; and; and

(iii)

by adding at the end the following:

(x)

The level of local ownership.

; and

(D)

by adding at the end the following:

(3)

Priority in awarding loan guarantees

In selecting projects to receive loan guarantees under subsection (d), the Secretary shall give priority to projects based on the criteria set forth in paragraph (2)(B) of this subsection.

;

(5)

by inserting after subsection (h) the following new subsection:

(i)

Condition of provision of assistance

As a condition of receiving a grant or loan guarantee under this section, the eligible entity shall ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with the grant or loan guarantee, as the case may be, 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 have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 64 Stat. 1267) and section 3145 of such title.

;

(6)

in subsection (j) (as so redesignated), by striking 2007 and inserting 2012; and

(7)

by adding at the end the following new subsections:

(k)

Additional funding for loan guarantees

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—

(1)

$50,000,000 for fiscal year 2008;

(2)

$65,000,000 for fiscal year 2009;

(3)

$75,000,000 for fiscal year 2010;

(4)

$150,000,000 for fiscal year 2011; and

(5)

$250,000,000 for fiscal year 2012.

(l)

Continuation of operations

(1)

Funding

The Secretary shall continue to carry out this section at the rate of operation in effect on September 30, 2012, from sums in the Treasury not otherwise appropriated, through September 30, 2017.

(2)

Authority

The program and authorities provided under this section shall continue in force and effect through September 30, 2017.

.

5004.

Biodiesel fuel education program

Section 9004(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8104(d)) is amended to read as follows:

(d)

Funding

Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available to carry out this section $2,000,000 for each of fiscal years 2008 through 2012.

.

5005.

Energy audit and renewable energy development program

Section 9005(i) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105) is amended by striking 2007 and inserting 2012.

5006.

Renewable energy systems and energy efficiency improvements

Section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended—

(1)

by striking the section heading and inserting the following:

9006.

Rural energy for America program

;

(2)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by inserting , other agricultural producer after rancher;

(B)

in paragraph (1), by striking and at the end;

(C)

in paragraph (2), by striking the period and inserting ; and; and

(D)

by adding at the end the following new paragraph:

(3)

produce and sell electricity generated by new renewable energy systems.

;

(3)

in subsection (b), by inserting , other agricultural producer after rancher;

(4)

in subsection (c)—

(A)

in paragraph (1)—

(i)

in subparagraph (B), by striking 50 percent and inserting 75 percent; and

(ii)

by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following:

(B)

Loan guarantees

(i)

Maximum amount

The amount of a loan guaranteed under this section shall not exceed $25,000,000.

(ii)

Maximum percentage

A loan guaranteed under this section shall not exceed 75 percent of the cost of the activity funded under subsection (a).

; and

(B)

by adding at the end the following new paragraph:

(3)

Prioritization

The Secretary shall give the greatest priority for grants under subsection (a) to activities for which the least percentage of the total cost of such activities is requested by the farmer, rancher, other agricultural producer, or rural small business.

.

(5)

by redesignating subsection (e) as subsection (g) and striking subsection (f);

(6)

by inserting after subsection (d) the following new subsections:

(e)

Feasibility Studies

(1)

In general

The Secretary may provide assistance to a farmer, rancher, other agricultural producer, or rural small business to conduct a feasibility study of a project for which assistance may be provided under this section.

(2)

Limitation

The Secretary shall use not more than 10 percent of the funds made available to carry out this section to provide assistance described in paragraph (1).

(3)

Criteria

The Secretary shall issue regulations establishing criteria for the receipt of assistance under this subsection.

(4)

Avoidance of duplicative assistance

An farmer, rancher, other agricultural producer, or rural small business that receives assistance to carry out a feasibility study for a project under this subsection shall not be eligible for assistance to carry out a feasibility study for the project under any other provision of law.

(f)

Small activities

(1)

Limitation on use of funds

The Secretary shall use not less than 15 percent of the funds made available under subsection (h) to provide grants for activities that have a cost of $50,000 or less.

(2)

Exception

Beginning on the first day of the third quarter of a fiscal year, the limitation on the use of funds under paragraph (1) shall not apply to funds made available under subsection (h) for such fiscal year.

; and

(7)

by adding at the end the following new subsection:

(h)

Funding

(1)

In general

Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available to carry out this section—

(A)

$40,000,000 for fiscal year 2008;

(B)

$60,000,000 for fiscal year 2009;

(C)

$75,000,000 for fiscal year 2010;

(D)

$100,000,000 for fiscal year 2011; and

(E)

$150,000,000 for fiscal year 2012.

(3)

Continuation of operations

(A)

Funding

The Secretary shall continue to carry out this section at the rate of operation in effect on September 30, 2012, from sums in the Treasury not otherwise appropriated, through September 30, 2017.

(B)

Authority

The program and authorities provided under this section shall continue in force and effect through September 30, 2017.

.

5007.

Biomass Research and Development Act of 2000

(a)

Restatement of Act

Section 9008 of the Farm Security and Rural Investment Act of 2002 (116 Stat. 486) is amended to read as follows:

9008.

Biomass Research and Development Act of 2000

(a)

Short title

This section may be cited as the Biomass Research and Development Act of 2000.

(b)

Findings

Congress finds that—

(1)

conversion of biomass into biobased industrial products offers outstanding potential for benefit to the national interest through—

(A)

improved strategic security and balance of payments;

(B)

healthier rural economies;

(C)

improved environmental quality;

(D)

near-zero net greenhouse gas emissions;

(E)

technology export; and

(F)

sustainable resource supply;

(2)

the key technical challenges to be overcome in order for biobased industrial products to be cost-competitive are finding new technology and reducing the cost of technology for converting biomass into desired biobased industrial products;

(3)

biobased fuels have the clear potential to be sustainable, low cost, and high performance fuels that are compatible with both current and future transportation systems and provide near-zero net greenhouse gas emissions;

(4)

biobased chemicals have the clear potential for environmentally benign product life cycles;

(5)

biobased power can—

(A)

provide environmental benefits;

(B)

promote rural economic development; and

(C)

diversify energy resource options;

(6)

many biomass feedstocks suitable for industrial processing show the clear potential for sustainable production, in some cases resulting in improved soil fertility and carbon sequestration;

(7)
(A)

grain processing mills are biorefineries that produce a diversity of useful food, chemical, feed, and fuel products; and

(B)

technologies that result in further diversification of the range of value-added biobased industrial products can meet a key need for the grain processing industry;

(8)
(A)

cellulosic feedstocks are attractive because of their low cost and widespread availability; and

(B)

research resulting in cost-effective technology to overcome the recalcitrance of cellulosic biomass would allow biorefineries to produce fuels and bulk chemicals on a very large scale, with a commensurately large realization of the benefit described in paragraph (1);

(9)

research into the fundamentals to understand important mechanisms of biomass conversion can be expected to accelerate the application and advancement of biomass processing technology by—

(A)

increasing the confidence and speed with which new technologies can be scaled up; and

(B)

giving rise to processing innovations based on new knowledge;

(10)

the added utility of biobased industrial products developed through improvements in processing technology would encourage the design of feedstocks that would meet future needs more effectively;

(11)

the creation of value-added biobased industrial products would create new jobs in construction, manufacturing, and distribution, as well as new higher-valued exports of products and technology;

(12)
(A)

because of the relatively short-term time horizon characteristic of private sector investments, and because many benefits of biomass processing are in the national interest, it is appropriate for the Federal Government to provide precommercial investment in fundamental research and research-driven innovation in the biomass processing area; and

(B)

such an investment would provide a valuable complement to ongoing and past governmental support in the biomass processing area; and

(13)

several prominent studies, including studies by the President's Committee of Advisors on Science and Technology and the National Research Council—

(A)

support the potential for large research-driven advances in technologies for production of biobased industrial products as well as associated benefits; and

(B)

document the need for a focused, integrated, and innovation-driven research effort to provide the appropriate progress in a timely manner.

(c)

Definitions

In this section:

(1)

Advisory committee

The term Advisory Committee means the Biomass Research and Development Technical Advisory Committee established by this section.

(2)

Biobased fuel

The term biobased fuel means any transportation or heating fuel produced from biomass.

(3)

Biobased product

The term biobased product means an industrial product (including chemicals, materials, and polymers) produced from biomass, or a commercial or industrial product (including animal feed and electric power) derived in connection with the conversion of biomass to fuel.

(4)

Biomass

The term biomass means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials.

(5)

Board

The term Board means the Biomass Research and Development Board established by this section.

(6)

Demonstration

The term demonstration means demonstration of technology in a pilot plant or semi-works scale facility.

(7)

Initiative

The term Initiative means the Biomass Research and Development Initiative established under this section.

(8)

Institution of higher education

The term institution of higher education has the meaning given the term in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).

(9)

National laboratory

The term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005.

(10)

Point of contact

The term point of contact means a point of contact designated under this section.

(d)

Cooperation and coordination in biomass research and development

(1)

In general

The Secretary of Agriculture and the Secretary of Energy shall cooperate with respect to, and coordinate, policies and procedures that promote research and development leading to the production of biobased fuels and biobased products.

(2)

Points of Contact

(A)

In general

To coordinate research and development programs and activities relating to biobased fuels and biobased products that are carried out by their respective Departments—

(i)

the Secretary of Agriculture shall designate, as the point of contact for the Department of Agriculture, an officer of the Department of Agriculture appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate; and

(ii)

the Secretary of Energy shall designate, as the point of contact for the Department of Energy, an officer of the Department of Energy appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate.

(B)

Duties

The points of contact shall jointly—

(i)

assist in arranging interlaboratory and site-specific supplemental agreements for research and development projects relating to biobased fuels and biobased products;

(ii)

serve as cochairpersons of the Board;

(iii)

administer the Initiative; and

(iv)

respond in writing to each recommendation of the Advisory Committee made under subsection (f).

(e)

Biomass research and development board

(1)

Establishment

There is established the Biomass Research and Development Board, which shall supersede the Interagency Council on Biobased Products and Bioenergy established by Executive Order No. 13134, to coordinate programs within and among departments and agencies of the Federal Government for the purpose of promoting the use of biobased fuels and biobased products by—

(A)

maximizing the benefits deriving from Federal grants and assistance; and

(B)

bringing coherence to Federal strategic planning.

(2)

Membership

The Board shall consist of—

(A)

the point of contact of the Department of Energy designated under subsection (d), who shall serve as cochairperson of the Board;

(B)

the point of contact of the Department of Agriculture designated under subsection (d), who shall serve as cochairperson of the Board;

(C)

a senior officer of each of the Department of the Interior, the Environmental Protection Agency, the National Science Foundation, and the Office of Science and Technology Policy, each of whom shall—

(i)

be appointed by the head of the respective agency; and

(ii)

have a rank that is equivalent to the rank of the points of contact; and

(D)

at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the members described in subparagraphs (A) through (C)).

(3)

Duties

The Board shall—

(A)

coordinate research and development activities relating to biobased fuels and biobased products—

(i)

between the Department of Agriculture and the Department of Energy; and

(ii)

with other departments and agencies of the Federal Government;

(B)

provide recommendations to the points of contact concerning administration of this title;

(C)

ensure that—

(i)

solicitations are open and competitive with awards made annually; and

(ii)

objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest; and

(D)

ensure that the panel of scientific and technical peers assembled under subsection (g) to review proposals is composed predominantly of independent experts selected from outside the Departments of Agriculture and Energy.

(4)

Funding

Each agency represented on the Board is encouraged to provide funds for any purpose under this section.

(5)

Meetings

The Board shall meet at least quarterly to enable the Board to carry out the duties of the Board under paragraph (3).

(f)

Biomass research and development technical advisory committee

(1)

Establishment

There is established the Biomass Research and Development Technical Advisory Committee, which shall supersede the Advisory Committee on Biobased Products and Bioenergy established by Executive Order No. 13134—

(A)

to advise the Secretary of Energy, the Secretary of Agriculture, and the points of contact concerning—

(i)

the technical focus and direction of requests for proposals issued under the Initiative; and

(ii)

procedures for reviewing and evaluating the proposals;

(B)

to facilitate consultations and partnerships among Federal and State agencies, agricultural producers, industry, consumers, the research community, and other interested groups to carry out program activities relating to the Initiative; and

(C)

to evaluate and perform strategic planning on program activities relating to the Initiative.

(2)

Membership

(A)

In general

The Advisory Committee shall consist of—

(i)

an individual affiliated with the biofuels industry;

(ii)

an individual affiliated with the biobased industrial and commercial products industry;

(iii)

an individual affiliated with an institution of higher education who has expertise in biobased fuels and biobased products;

(iv)

two prominent engineers or scientists from government or academia who have expertise in biobased fuels and biobased products;

(v)

an individual affiliated with a commodity trade association;

(vi)

2 individuals affiliated with an environmental or conservation organization;

(vii)

an individual associated with State government who has expertise in biobased fuels and biobased products;

(viii)

an individual with expertise in energy and environmental analysis;

(ix)

an individual with expertise in the economics of biobased fuels and biobased products;

(x)

an individual with expertise in agricultural economics; and

(xi)

at the option of the points of contact, other members.

(B)

Appointment

The members of the Advisory Committee shall be appointed by the points of contact.

(3)

Duties

The Advisory Committee shall—

(A)

advise the points of contact with respect to the Initiative; and

(B)

evaluate whether, and make recommendations in writing to the Board to ensure that—

(i)

funds authorized for the Initiative are distributed and used in a manner that is consistent with the objectives, purposes, and considerations of the Initiative;

(ii)

solicitations are open and competitive with awards made annually and that objectives and evaluation criteria of the solicitations are clearly stated and minimally prescriptive, with no areas of special interest;

(iii)

the points of contact are funding proposals under this title that are selected on the basis of merit, as determined by an independent panel of scientific and technical peers predominantly from outside the Departments of Agriculture and Energy; and

(iv)

activities under this section are carried out in accordance with this section.

(4)

Coordination

To avoid duplication of effort, the Advisory Committee shall coordinate its activities with those of other Federal advisory committees working in related areas.

(5)

Meetings

The Advisory Committee shall meet at least quarterly to enable the Advisory Committee to carry out the duties of the Advisory Committee.

(6)

Terms

Members of the Advisory Committee shall be appointed for a term of 3 years, except that—

(A)

one-third of the members initially appointed shall be appointed for a term of 1 year; and

(B)

one-third of the members initially appointed shall be appointed for a term of 2 years.

(g)

Biomass research and development initiative

(1)

In General

The Secretary of Agriculture and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, shall establish and carry out a Biomass Research and Development Initiative under which competitively awarded grants, contracts, and financial assistance are provided to, or entered into with, eligible entities to carry out research on, and development and demonstration of, biobased fuels and biobased products, and the methods, practices and technologies, for their production.

(2)

Objectives

The objectives of the Initiative are to develop—

(A)

technologies and processes necessary for abundant commercial production of biobased fuels at prices competitive with fossil fuels;

(B)

high-value biobased products—

(i)

to enhance the economic viability of biobased fuels and power; and

(ii)

as substitutes for petroleum-based feedstocks and products; and

(C)

a diversity of sustainable domestic sources of biomass for conversion to biobased fuels and biobased products.

(3)

Purposes

The purposes of the Initiative are—

(A)

to increase the energy security of the United States;

(B)

to create jobs and enhance the economic development of the rural economy;

(C)

to enhance the environment and public health; and

(D)

to diversify markets for raw agricultural and forestry products.

(4)

Technical Areas

To advance the objectives and purposes of the Initiative, the Secretary of Agriculture and the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and heads of other appropriate departments and agencies (referred to in this subsection as the Secretaries), shall direct research and development toward—

(A)

feedstock production through the development of crops and cropping systems relevant to production of raw materials for conversion to biobased fuels and biobased products, including—

(i)

development of advanced and dedicated crops with desired features, including enhanced productivity, broader site range, low requirements for chemical inputs, and enhanced processing;

(ii)

advanced crop production methods to achieve the features described in clause (i);

(iii)

feedstock harvest, handling, transport, and storage; and

(iv)

strategies for integrating feedstock production into existing managed land;

(B)

overcoming recalcitrance of cellulosic biomass through developing technologies for converting cellulosic biomass into intermediates that can subsequently be converted into biobased fuels and biobased products, including—

(i)

pretreatment in combination with enzymatic or microbial hydrolysis; and

(ii)

thermochemical approaches, including gasification and pyrolysis;

(C)

product diversification through technologies relevant to production of a range of biobased products (including chemicals, animal feeds, and cogenerated power) that eventually can increase the feasibility of fuel production in a biorefinery, including—

(i)

catalytic processing, including thermochemical fuel production;

(ii)

metabolic engineering, enzyme engineering, and fermentation systems for biological production of desired products or cogeneration of power;

(iii)

product recovery;

(iv)

power production technologies; and

(v)

integration into existing biomass processing facilities, including starch ethanol plants, sugar processing or refining plants, paper mills, and power plants; and

(D)

analysis that provides strategic guidance for the application of biomass technologies in accordance with realization of improved sustainability and environmental quality, cost effectiveness, security, and rural economic development, usually featuring system-wide approaches.

(5)

Additional Considerations

Within the technical areas described in paragraph (4), and in addition to advancing the purposes described in paragraph (3) and the objectives described in paragraph (2), the Secretaries shall support research and development—

(A)

to create continuously expanding opportunities for participants in existing biofuels production by seeking synergies and continuity with current technologies and practices, such as the use of dried distillers grains as a bridge feedstock;

(B)

to maximize the environmental, economic, and social benefits of production of biobased fuels and biobased products on a large scale through life-cycle economic and environmental analysis and other means; and

(C)

to assess the potential of Federal land and land management programs as feedstock resources for biobased fuels and biobased products, consistent with the integrity of soil and water resources and with other environmental considerations.

(6)

Eligible Entities

To be eligible for a grant, contract, or assistance under this subsection, an applicant shall be—

(A)

an institution of higher education;

(B)

a National Laboratory;

(C)

a Federal research agency;

(D)

a State research agency;

(E)

a private sector entity;

(F)

a nonprofit organization; or

(G)

a consortium of two or more entities described in subparagraphs (A) through (F).

(7)

Administration

(A)

In general

After consultation with the Board, the points of contact shall—

(i)

publish annually one or more joint requests for proposals for grants, contracts, and assistance under this subsection;

(ii)

require that grants, contracts, and assistance under this section be awarded competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by an independent panel of scientific and technical peers; and

(iii)

give some preference to applications that—

(I)

involve a consortia of experts from multiple institutions;

(II)

encourage the integration of disciplines and application of the best technical resources; and

(III)

increase the geographic diversity of demonstration projects.

(B)

Distribution of funding by technical area

Of the funds authorized to be appropriated for activities described in this subsection, funds shall be distributed for each of fiscal years 2007 through 2012 so as to achieve an approximate distribution of—

(i)

20 percent of the funds to carry out activities for feedstock production under paragraph (4)(A);

(ii)

45 percent of the funds to carry out activities for overcoming recalcitrance of cellulosic biomass under paragraph (4)(B);

(iii)

30 percent of the funds to carry out activities for product diversification under paragraph (4)(C); and

(iv)

5 percent of the funds to carry out activities for strategic guidance under paragraph (4)(D).

(C)

Distribution of funding within each technical area

Within each technical area described in subparagraphs (A) through (C) of paragraph (4), funds shall be distributed for each of fiscal years 2007 through 2012 so as to achieve an approximate distribution of—

(i)

15 percent of the funds for applied fundamentals;

(ii)

35 percent of the funds for innovation; and

(iii)

50 percent of the funds for demonstration.

(D)

Matching funds

(i)

In general

A minimum 20 percent funding match shall be required for demonstration projects under this section.

(ii)

Commercial applications

A minimum of 50 percent funding match shall be required for commercial application projects under this section.

(E)

Technology and information transfer to agricultural users

The Administrator of the Cooperative State Research, Education, and Extension Service and the Chief of the Natural Resources Conservation Service shall ensure that applicable research results and technologies from the Initiative are adapted, made available, and disseminated through those services, as appropriate.

(h)

Administrative support and funds

(1)

In General

To the extent administrative support and funds are not provided by other agencies under paragraph (2)(b), the Secretary of Energy and the Secretary of Agriculture may provide such administrative support and funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advisory Committee to carry out their duties under this section.

(2)

Other Agencies

The heads of the agencies referred to in subsection (e)(2)(C), and the other members appointed under subsection (e)(2)(D), may, and are encouraged to, provide administrative support and funds of their respective agencies to the Board and the Advisory Committee.

(3)

Limitation

Not more than 4 percent of the amount appropriated for each fiscal year under subsection (g)(6) may be used to pay the administrative costs of carrying out this section.

(i)

Reports

(1)

Annual Reports

For each fiscal year for which funds are made available to carry out this section, the Secretary of Energy and the Secretary of Agriculture shall jointly submit to Congress a detailed report on—

(A)

the status and progress of the Initiative, including a report from the Advisory Committee on whether funds appropriated for the Initiative have been distributed and used in a manner that—

(i)

is consistent with the objectives, purposes, and additional considerations described in paragraphs (2) through (5) of subsection (g);

(ii)

uses the set of criteria established in the initial report submitted under title III of the Agricultural Risk Protection Act of 2000;

(iii)

achieves the distribution of funds described in subparagraphs (B) and (C) of subsection (g)(7); and

(iv)

takes into account any recommendations that have been made by the Advisory Committee;

(B)

the general status of cooperation and research and development efforts carried out at each agency with respect to biobased fuels and biobased products, including a report from the Advisory Committee on whether the points of contact are funding proposals that are selected under subsection (g)(3)(B)(iii); and

(C)

the plans of the Secretary of Energy and the Secretary of Agriculture for addressing concerns raised in the report, including concerns raised by the Advisory Committee.

(2)

Updates

The Secretary and the Secretary of Energy shall update the Vision and Roadmap documents prepared for Federal biomass research and development activities.

(j)

Funding

(1)

In general

Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available to carry out this section—

(A)

$18,000,000 for fiscal year 2008;

(B)

$28,000,000 for fiscal year 2009;

(C)

$40,000,000 for fiscal year 2010;

(D)

$50,000,000 for fiscal year 2011; and

(E)

$100,000,000 for fiscal year 2012.

(2)

Continuation of operations

(A)

Funding

The Secretary shall continue to carry out this section at the rate of operation in effect on September 30, 2012, from sums in the Treasury not otherwise appropriated, through September 30, 2017.

(B)

Authority

The program and authorities provided under this section shall continue in force and effect through September 30, 2017.

.

(b)

Repeal

Title III of the Agricultural Risk Protection Act of 2000 (Public Law 106–224) is hereby repealed.

5008.

Adjustments to the bioenergy program

Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by striking and;

(ii)

in subparagraph (B), by striking the final period and inserting a semicolon; and

(iii)

by adding at the end the following new subparagraphs:

(C)

production of heat and power at a biofuels plant;

(D)

biomass gasification;

(E)

hydrogen made from cellulosic commodities for fuel cells;

(F)

renewable diesel; and

(G)

such other items as the Secretary considers appropriate.

;

(B)

by striking paragraph (3) and inserting the following:

(3)

Eligible feedstock

(A)

In general

The term eligible feedstock means—

(i)

any plant material grown or collected for the purpose of being converted to energy (including aquatic plants);

(ii)

any organic byproduct or residue from agriculture and forestry, including mill residues and pulping residues that can be converted into energy;

(iii)

any waste material that can be converted to energy and is derived from plant material, including—

(I)

wood waste and residue;

(II)

specialty crop waste, including waste derived from orchard trees, vineyard crops, and nut crops; or

(III)

other fruit and vegetable byproducts or residues; or

(iv)

animal waste and byproducts.

(B)

Exclusion

The term eligible feedstock does not include corn starch.

;

(C)

in paragraph (4), by striking an eligible commodity and inserting eligible feedstock; and

(D)

by adding at the end the following new paragraph:

(5)

Renewable diesel

The term renewable diesel means any type of biobased renewable fuel derived from plant or animal matter that may be used as a substitute for standard diesel fuel and meets the requirements of an appropriate American Society for Testing and Material standard. Such term does not include any fuel derived from coprocessing an eligible feedstock with a feedstock that is not biomass.

;

(2)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by striking The Secretary shall continue and all that follows through the Secretary makes and inserting The Secretary shall make; and

(ii)

by striking eligible commodities and inserting eligible feedstock;

(B)

in paragraph (2)(B), by striking eligible commodities and inserting eligible feedstock;

(C)

in paragraph (3), by striking subparagraphs (B) and (C) and inserting the following:

(B)

Priority

In making payments under this paragraph, the Secretary shall give priority to contracts by considering the factors referred to in section 9003(e)(2)(B).

; and

(D)

by striking paragraph (6) and inserting the following:

(6)

Limitation

The Secretary may limit the amount of payments that may be received by an eligible producer under this section as the Secretary considers appropriate.

; and

(3)

by striking subsection (c) and inserting the following:

(c)

Funding

(1)

In general

Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall use to carry out this section—

(A)

$150,000,000 for fiscal year 2008;

(B)

$150,000,000 for fiscal year 2009;

(C)

$170,000,000 for fiscal year 2010;

(D)

$180,000,000 for fiscal year 2011; and

(E)

$286,000,000 for fiscal year 2012.

(2)

Continuation of operations

(A)

Funding

The Secretary shall continue to carry out this section at the rate of operation in effect on September 30, 2012, from sums in the Treasury not otherwise appropriated, through September 30, 2017.

(B)

Authority

The program and authorities provided under this section shall continue in force and effect through September 30, 2017.

.

5009.

Research, extension, and educational programs on biobased energy technologies and products

Section 9011(j)(1)(C) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109(j)(1)(C)) is amended by striking 2010 and inserting 2012.

5010.

Energy Council of the Department of Agriculture

Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is further amended by adding at the end the following new section:

9012.

Energy Council of the Department of Agriculture

(a)

In general

The Secretary of Agriculture shall establish an energy council in the Office of the Secretary (in this section referred to as the Council) to coordinate the energy policy of the Department of Agriculture and consult with other departments and agencies of the Federal Government.

(b)

Membership

(1)

In general

The Secretary shall appoint the members of the Council from among the staff of the agencies and mission areas of the Department of Agriculture with responsibilities relating to energy programs or policies.

(2)

Chair

The chief economist and the Under Secretary for Rural Development of the Department of Agriculture shall serve as the Chairs of the Council.

(c)

Duties of Office of Energy Policy and New Uses

The Office of Energy Policy and New Uses of the Department of Agriculture shall support the activities of the Council.

.

5011.

Forest bioenergy research program

Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is further amended by adding at the end the following new section:

9013.

Forest bioenergy research program

(a)

In general

The Secretary of Agriculture, working through the Forest Service, in cooperation with other Federal agencies, land grant colleges and universities, and private entities, shall conduct a competitive research and development program to encourage new forest-to-energy technologies. The Secretary may use grants, cooperative agreements, and other methods to partner with cooperating entities on projects that the Secretary determines shall best promote new forest-to-energy technologies.

(b)

Priority for project selection

The Secretary shall give priority to projects that—

(1)

develop technology and techniques to use low value forest materials, such as byproducts of forest health treatments and hazardous fuel reduction, for the production of energy;

(2)

develop processes for the conversion of cellulosic forest materials that integrate production of energy into existing manufacturing steams or in integrated forest biorefineries;

(3)

develop new transportation fuels that use forest materials as a feedstock for the production of such fuels; or

(4)

improve the of growth and yield of trees for the purpose of renewable energy and other forest product use.

(c)

Funding

Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available to carry out this section—

(1)

$4,000,000 for fiscal year 2008;

(2)

$6,000,000 for fiscal year 2009;

(3)

$7,000,000 for fiscal year 2010;

(4)

$9,000,000 for fiscal year 2011; and

(5)

$10,000,000 for fiscal year 2012.

.

5012.

Feedstock flexibility program for bioenergy producers

Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is further amended by adding at the end the following new section:

9014.

Feedstock flexibility program for bioenergy producers

(a)

Definitions

In this section:

(1)

Bioenergy

The term bioenergy means fuel grade ethanol and other biofuel.

(2)

Bioenergy producer

The term bioenergy producer means a producer of bioenergy that uses an eligible commodity to produce bioenergy under this section.

(3)

Eligible commodity

The term eligible commodity means a form of raw or refined sugar or in-process sugar that is eligible to be marketed in the United States for human consumption or to be used for the extraction of sugar for human consumption.

(4)

Eligible entity

The term eligible entity means an entity located in the United States that markets an eligible commodity in the United States.

(b)

Feedstock flexibility program

(1)

In general

(A)

Purchases and sales

For each of fiscal years 2008 through 2012, the Secretary shall purchase eligible commodities from eligible entities and sell such commodities to bioenergy producers for the purpose of producing bioenergy in a manner that ensures that 156 of the Federal Agricultural Improvement and Reform Act (7 U.S.C. 7272) is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.

(B)

Competitive procedures

In carrying out the purchases and sales required under subparagraph (A), the Secretary shall, to the maximum extent practicable, use competitive procedures, including the receiving, offering, and accepting of bids, when entering into contracts with eligible entities and bioenergy producers, provided that such procedures are consistent with the purposes of subparagraph (A).

(C)

Limitation

The purchase and sale of eligible commodities under subparagraph (A) shall only be made in fiscal years in which such purchases and sales are necessary to ensure that the program authorized under section 156 of the Federal Agriculture Improvement and Reform Act (7 U.S.C. 7272) is operated at no cost to the Federal Government by avoiding forfeitures to the Commodity Credit Corporation.

(2)

Notice

(A)

In general

Not later than September 1, 2007, and each September 1 thereafter through fiscal year 2011, the Secretary shall provide notice to eligible entities and bioenergy producers of the quantity of eligible commodities that shall be made available for purchase and sale for the subsequent fiscal year under this section.

(B)

Reestimates

Not later than the first day of each of the second through fourth quarters of each of fiscal years 2008 through 2012, the Secretary shall reestimate the quantity of eligible commodities determined under subparagraph (A), and provide notice and make purchases and sales based on such reestimates.

(3)

Commodity Credit Corporation inventory

To the extent that an eligible commodity is owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 156 of the Federal Agriculture Improvement and Reform Act (7 U.S.C. 7272)), the Secretary shall sell such commodity to bioenergy producers under this section.

(4)

Transfer rule; storage fees

(A)

General transfer rule

Except as provided in subparagraph (C), the Secretary shall ensure that bioenergy producers that purchase eligible commodities pursuant to this subsection take possession of such commodities within 30 calendar days of the date of such purchase from the Commodity Credit Corporation.

(B)

Payment of storage fees prohibited

(i)

In general

The Secretary shall, to the greatest extent practicable, carry out this subsection in a manner that ensures no storage fees are paid by the Commodity Credit Corporation in the administration of this subsection.

(ii)

Exception

Clause (i) shall not apply with respect to any commodities owned and held in inventory by the Commodity Credit Corporation (accumulated pursuant to the program authorized under section 156 of the Federal Agriculture Improvement and Reform Act (7 U.S.C. 7272)).

(C)

Option to prevent storage fees

(i)

In general

The Secretary may enter into contracts with bioenergy producers to sell eligible commodities to such producers prior in time to entering into contracts with eligible entities to purchase such commodities to be used to satisfy the contracts entered into with the bioenergy producers.

(ii)

Special transfer rule

If the Secretary makes a sale and purchase referred to in clause (i), the Secretary shall ensure that the bioenergy producer that purchased eligible commodities takes possession of such commodities within 30 calendar days of the date the Commodity Credit Corporation purchases such commodities.

(5)

Relation to other laws

If sugar that is subject to a marketing allotment under part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is the subject of a payment under this section, such sugar shall be considered marketed and shall count against a processor’s allocation of an allotment under such part, as applicable.

(6)

Funding

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation, including the use of such sums as are necessary, to carry out this section.

.

VI

Carbon-Neutral Government

6001.

Short title

This title may be cited as the Carbon-Neutral Government Act of 2007.

6002.

Findings

The Congress finds the following:

(1)

The harms associated with global warming are serious and well recognized. These include the global retreat of mountain glaciers, reduction in snow cover extent, the earlier spring melting of rivers and lakes, the accelerated rate of rise of sea levels during the 20th century relative to the past few thousand years, and increased intensity of hurricanes and typhoons.

(2)

The risks associated with a global mean surface temperature increase above 2° C (3.6° F) above preindustrial temperature are grave. According to the Intergovernmental Panel on Climate Change, such temperature increases would increase the severity of ongoing alterations of terrestrial and marine environments, with potentially catastrophic results. Ongoing and projected effects include more prevalent droughts in dry regions, an increase in the spread of disease, a significant reduction in water storage in winter snowpack in mountainous regions with direct and important economic consequences, a precipitous rise in sea levels by the end of the century, the potential devastation of coastal communities, severe and irreversible changes to natural ecosystems such as the bleaching and destruction of much of the world’s coral, and the potential extinction of 30 percent of all living species.

(3)

That these climate change effects and risks of future effects are widely shared does not minimize the adverse affects individual persons have suffered, will suffer, and are at risk of suffering because of global warming.

(4)

That some of the adverse and potentially catastrophic effects of global warming are presently at risk of occurring and not a certainty does not negate the harm persons suffer from actions that increase the likelihood, extent, and severity of such future impacts.

(5)

To preserve the ability to stabilize atmospheric greenhouse gas concentrations at levels likely to protect against a temperature rise above 2° C (3.6° F) and maintain the likelihood of avoiding catastrophic global warming will require reductions of greenhouse gas emissions of 50 percent to 85 percent globally.

(6)

Achieving such reductions will require a multitude of actions across the global economy that may each address a relatively minute quantity of emissions, but will be cumulatively significant.

(7)

With only 5 percent of the world population, the United States emits approximately 20 percent of the world’s total greenhouse gas emissions, and must be a leader in addressing global warming.

(8)

The United States Government is the largest energy consumer in the United States and is responsible for roughly 100,000,000 metric tons of CO2-equivalent emissions annually.

(9)

A reduction in greenhouse gas emissions by Federal agencies would slow the increase of global emissions, thereby slowing the increase of global warming and the exacerbation of the risks associated with global warming. In addition, Federal action would accelerate the pace of development and adoption of technologies that will be critical to addressing global warming in the United States and worldwide.

(10)

A failure by any Federal agency to comply with the provisions of this title requiring reductions in its greenhouse gas emissions would exacerbate the pace, extent, and risks of global warming, causing harms beyond what would otherwise occur. The incremental emissions from a Federal agency’s failure to comply with this title create a harm, which is the incremental exacerbation of the adverse effects and risks of global warming. Although the emissions increments involved could be relatively small, such a failure allowing incrementally greater emissions would injure all United States citizens.

(11)

Improved management of Government operations, including acquisitions and procurement and operation of Government facilities, can maximize the use of existing energy efficiency and renewable energy technologies to reduce global warming pollution, while saving taxpayers’ money, reducing our dependence on oil, enhancing national security, cleaning the air, and protecting pristine places from drilling and mining.

(12)

Enhancing the accountability and transparency of Government operations through setting milestones for agency activities, planning, measuring results, tracking results over time, and public reporting can improve Government management and make Government operations more efficient and cost effective.

A

Federal Government Inventory and Management of Greenhouse Gas Emissions

6101.

Inventory of Federal Government Greenhouse Gas Emissions

(a)

In general

Each agency shall, in accordance with the guidance issued under subsection (b), annually inventory and report its greenhouse gas emissions for the preceding fiscal year. Each such inventory and report shall indicate as discrete categories—

(1)

any direct emission of greenhouse gas as a result of an activity of the agency;

(2)

the quantity of indirect emissions of greenhouse gases attributable to the generation of electricity used by the agency and commercial air travel by agency personnel; and

(3)

the quantity of emissions of greenhouse gases associated with the work performed for the agency by Federal contractors, comprising direct emissions and indirect emissions associated with electricity used by, and commercial air travel by, such contractors.

(b)

Guidance; assistance

Not later than 3 months after the date of the enactment of this Act, the Administrator shall issue guidance for agencies for conducting inventories under this section and reporting under section 6102. Such guidance shall establish inventory and reporting procedures that are at least as rigorous as the inventory procedures established under the Environmental Protection Agency’s Climate Leaders program and shall define the scope of the inventories of direct emissions described in subsection (a)(1) to be complete and consistent with the national obligation for reporting inventories under the United Nations Framework Convention on Climate Change. The Administrator shall provide assistance to agencies in preparing their inventories.

(c)

Initial inventory by agencies

(1)

Submission

Not later than 1 year after the date of the enactment of this Act, each agency shall submit to the Administrator and make publicly available on the agency’s website an initial inventory of the agency’s greenhouse gas emissions for the preceding fiscal year.

(2)

Certification

Not later than 6 months after an agency submits an initial inventory under paragraph (1), the Administrator shall review the inventory for compliance with the guidance issued under subsection (b) and—

(A)

certify that the inventory is technically valid; or

(B)

decline to certify the inventory and provide an explanation of the actions or revisions that are necessary for the inventory to be certified under subparagraph (A).

(3)

Revision

If the Administrator declines to certify the inventory of an agency under paragraph (2)(B), the agency shall submit to the Administrator and make publicly available on the agency’s website a revised inventory not later than 6 months after the date on which the Administrator provides the agency with the explanation required by such paragraph.

(d)

Net greenhouse gases from federal lands

Beginning not later than 2 years after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall include as a discrete category in any inventory under this section the net biological sequestration or emission of greenhouse gases related to human activities and associated with land managed by the Bureau of Land Management or the Forest Service. In developing such estimates of the net biological sequestration or emission of greenhouse gases, the Secretary of the Interior and the Secretary of Agriculture shall take into consideration the results of any available related assessments performed by the Secretary of the Interior. Such net biological sequestration or emissions of greenhouse gases shall not be considered for the purposes of setting or measuring progress toward targets under section 6102. For the purposes of this subsection, the net biological sequestration or emission of greenhouse gases refers to the net sequestration or emissions associated with uptake and release of greenhouse gases from soil, vegetation, and dead organic matter.

6102.

Management of Federal Government Greenhouse Gas Emissions

(a)

Emission reduction targets

Not later than 18 months after the date of the enactment of this Act, the Administrator shall promulgate annual reduction targets for the total quantity of greenhouse gas emissions described in section 6101(a), expressed as carbon dioxide equivalents, of all agencies, taken collectively, for each of fiscal years 2010 through 2050.

(b)

Goals

The targets promulgated under subsection (a) shall be calculated so as—

(1)

to prevent the total quantity of greenhouse gas emissions of all agencies in fiscal year 2011 and each subsequent fiscal year from exceeding the total quantity of such emissions in fiscal year 2010; and

(2)

to reduce such greenhouse gas emissions as rapidly as possible, but at a minimum by a quantity equal to 2 percent of projected fiscal year 2010 emissions each fiscal year, so as to achieve zero net annual greenhouse gas emissions from the agencies by fiscal year 2050.

(c)

Proportionate share

Each agency shall limit the quantity of its greenhouse gas emissions described in section 6101(a) to its proportionate share so as to enable the agencies to achieve the targets promulgated under subsection (a). The Administrator shall promulgate annual reduction targets to be met by each agency to comply with this subsection, after consultation with the agencies and taking into account changes in agency size, structure, and mission over time.

(d)

Agency plans for managing emissions

(1)

Submission

Not later than 2 years after the date of the enactment of this Act, each agency shall develop, submit to the Administrator, and make publicly available on the agency’s website a plan for achieving the annual reduction targets applicable to such agency under this section through fiscal year 2020. Not later than 2 years before the 10-year period beginning in 2021 and each subsequent 10-year period, the agency shall develop, submit to the Administrator, and make publicly available an updated plan for achieving such targets for the respective period. Each plan developed under this paragraph shall—

(A)

identify the specific actions to be taken by the agency; and

(B)

estimate the quantity of reductions of greenhouse gas emissions to be achieved through each such action.

(2)

Certification

Not later than 6 months after an agency submits a plan under paragraph (1), the Administrator shall—

(A)

certify that the plan is technically sound and, if implemented, is expected to limit the quantity of the agency’s greenhouse gas emissions to its proportionate share under subsection (c); or

(B)

decline to certify the plan and provide an explanation of the revisions that are necessary for the plan to be certified under subparagraph (A).

(3)

Revision

If the Administrator declines to certify the plan of an agency under paragraph (2), the agency shall submit to the Administrator and make publicly available on the agency’s website a revised plan not later than 6 months after the date on which the Administrator provides the agency with the explanation required by paragraph (2)(B).

(e)

Emissions Management

(1)

Requirement

Each agency shall implement each provision in its plan under subsection (d) to manage its greenhouse gas emissions to meet the annual reduction targets applicable to such agency under this section. If—

(A)

an agency has met its applicable reduction target for the most recent year; and

(B)

the agency demonstrates that it is projected to meet such targets for future years without implementing a provision or provisions included in its plan,

the agency may revise its plan, subject to subsection (d)(2), to defer implementation of such plan provisions until the date that implementation is needed to meet the agency’s applicable targets.
(2)

Revision of plan

If any agency fails to meet such targets for a fiscal year, as indicated by the inventory and report prepared by the agency for such fiscal year, the agency shall submit to the Administrator and make publicly available on the agency’s website a revised plan under subsection (d) not later than March 31 of the following fiscal year. The Administrator shall certify or decline to certify the revised plan in accordance with subsection (d)(2) not later than 3 months after receipt of the revised plan.

(3)

Offsets

(A)

Proposal

If no national mandatory economy-wide cap-and-trade program for greenhouse gases has been enacted by fiscal year 2010, the Administrator shall develop and submit to the Congress by 2011 a proposal to allow agencies to meet the annual reduction targets applicable to such agencies under this section in part through emissions offsets, beginning in fiscal year 2015.

(B)

Contents

The proposal developed under subparagraph (A) shall ensure that emissions offsets are—

(i)

real, surplus, verifiable, permanent, and enforceable; and

(ii)

additional for both regulatory and financial purposes (such that the generator of the offset is not receiving credit or compensation for the offset in another regulatory or market context).

(C)

Rulemaking

If by 2012 the Congress has not enacted a statute for the express purpose of codifying the proposal developed under subparagraph (A) or an alternative to such proposal, the Administrator shall implement the proposal through rulemaking.

(4)

Exemptions

The President may exempt an agency from complying with the emissions target established for that year under subsection (c) if the President determines it to be in the paramount interest of the United States to do so. The agency shall, to the greatest extent practicable, continue to implement the provisions in the agency’s plan. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not more than one year upon the President’s making a new determination.

(f)

Studies on Federal lands

The Forest Service, the Bureau of Land Management, the National Park Service, and the United States Fish and Wildlife Service shall—

(1)

within 3 years after the date of the enactment of this Act, conduct studies of the opportunities for management strategies, and identify those management strategies with the greatest potential, to—

(A)

enhance net biological sequestration of greenhouse gases on Federal lands they manage while avoiding harmful effects on other environmental values; and

(B)

reduce negative impacts of global warming on biodiversity, water supplies, forest health, biological sequestration and storage, and related values;

(2)

within 4 years after the date of the enactment of this Act, study the results that could be achieved through applying management strategies identified as having the greatest potential to achieve the benefits described in paragraph (1) by implementing field experiments on discrete portions of selected land management units in different parts of the Nation to test such strategies; and

(3)

report to the Congress on the results of the studies.

(g)

Study on urban and wildland-urban forestry programs

Within 2 years of the date of enactment of this Act, the Forest Service, in consultation with appropriate State and local agencies, shall conduct a study of the opportunities of urban and wildland-urban interface forestry programs to enhance net biological sequestration of greenhouse gases and achieve other benefits.

(h)

Reporting

(1)

Reports by agencies

Not later than December 31 each fiscal year, each agency shall submit to the Administrator and make publicly available on the agency’s website a report on the agency’s implementation of its plan required by subsection (d) for the preceding fiscal year, including the inventory of greenhouse gas emissions of the agency during such fiscal year.

(2)

Annual report to Congress

The Administrator shall review each report submitted under paragraph (1) for technical validity and compile such reports in an annual report on the Federal Government’s progress toward carbon neutrality. The Administrator shall submit such annual report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate and make such annual report publicly available on the Environmental Protection Agency’s website.

(3)

Electronic submission

In complying with any requirement of this subtitle for submission of inventories, plans, or reports, an agency shall use electronic reporting in lieu of paper copy reports.

6103.

Pilot project for purchase of offsets and certificates

(a)

GAO Study

No later than April 1, 2008, the Comptroller General of the United States shall issue the report requested by the Congress on May 17, 2007, regarding markets for greenhouse gas emissions offsets.

(b)

Pilot project

Executive agencies and legislative branch offices may purchase qualified greenhouse gas offsets and qualified renewable energy certificates in any open market transaction that complies with all applicable procurement rules and regulations.

(c)

Qualified greenhouse gas offsets

For purposes of this section, the term qualified greenhouse gas offset means a real, additional, verifiable, enforceable, and permanent domestic—

(1)

reduction of greenhouse gas emissions; or

(2)

sequestration of greenhouse gases.

(d)

Qualified renewable energy certificates

For purposes of this section, the term qualified renewable energy certificate means a certificate representing a specific amount of energy generated by a renewable energy project that is real, additional, and verifiable.

(e)

Guidance

No later than September 30, 2008, the Administrator shall issue guidelines, for Executive agencies, establishing criteria for qualified greenhouse gas offsets and qualified renewable energy certificates. Such guidelines shall take into account the findings and recommendations of the report issued under subsection (a) and shall—

(1)

establish performance standards for greenhouse gas offset projects that benchmark reliably expected greenhouse gas reductions from identified categories of projects that reduce greenhouse gas emissions or sequester carbon in accordance with subsection (c); and

(2)

establish criteria for qualified renewable energy certificates to ensure that energy generated is renewable and is in accordance with subsection (d).

(f)

Report

The Comptroller General of the United States shall evaluate the pilot program established by this section, including identifying environmental and other benefits of the program, as well as its financial costs and any disadvantages associated with the program. No later than April 1, 2011, the Comptroller General shall provide a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate providing the details of the evaluation and any recommendations for improvement.

(g)

Additional definitions

In this section:

(1)

Notwithstanding section 6106(3) of this Act, the term Executive agency has the meaning given to such term in section 105 of title 5, United States Code.

(2)

The term renewable energy has the meaning given that term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)), except that energy generated from municipal solid waste shall not be renewable energy.

(h)

Authorization

Of the amount of discretionary funds available to each Executive agency or legislative branch office for each of fiscal years 2009 and 2010, not more than 0.01 percent of such amount may be used for the purpose of carrying out this section. Such funding shall be in addition to any other funds available to the Executive agency or legislative branch office for such purpose.

(i)

Sunset clause

This section ceases to be effective at the end of fiscal year 2010.

6104.

Impact on agency’s primary mission

In implementing the requirements of this subtitle, each agency should adopt compliance strategies that are consistent with the agency’s primary mission.

6105.

Savings Clause

Nothing in this title or any amendment made by this title shall be interpreted to preempt or limit the authority of a State to take any action to address global warming.

6106.

Definitions

In this subtitle:

(1)

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

The term carbon dioxide equivalent means, for each greenhouse gas, the quantity of the greenhouse gas that makes the same contribution to global warming as 1 metric ton of carbon dioxide, as determined by the Administrator, taking into account the global warming potentials published by the Intergovernmental Panel on Climate Change.

(3)

The term agency has the meaning given to that term in section 551 of the National Energy Conservation Policy Act (42 U.S.C. 8259).

(4)

The term greenhouse gas means—

(A)

carbon dioxide;

(B)

methane;

(C)

nitrous oxide;

(D)

hydrofluorocarbons;

(E)

perfluorocarbons;

(F)

sulfur hexafluoride; or

(G)

any other anthropogenically-emitted gas that the Administrator, after notice and comment, determines contributes to global warming to a non-negligible degree.

6107.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to implement this subtitle.

B

Federal Government Energy Efficiency

6201.

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 subsection:

(f)

Vehicle emission requirements

(1)

Prohibition

(A)

In general

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)

Special rule for vehicles provided by funds contained in Members’ Representational Allowance

If any portion of a Members' Representational Allowance is used to provide any individual with a vehicle described in paragraph (1), including providing an individual with a vehicle under a long-term lease, the House of Representatives shall be considered to have acquired the vehicle for purposes of paragraph (1).

(C)

Definitions

In this paragraph—

(i)

the term Federal agency includes any office of the legislative branch; and

(ii)

the term Members’ Representational Allowance means the allowance described in section 101(a) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 57b(a)).

(2)

Guidance

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. In identifying such vehicles, the Administrator shall take into account the most stringent standards for vehicle greenhouse gas emissions applicable to and enforceable against motor vehicle manufacturers for vehicles sold anywhere in the United States. The Administrator shall not identify 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 emissions for that class of vehicle, taking into account any emissions allowances and adjustment factors such standards provide.

(3)

Definition

For purposes of this subsection, the term medium duty passenger vehicle has the meaning given that term section 523.2 of title 49 of the Code of Federal Regulations.

.

6202.

Agency analyses for mobility acquisitions

(a)

Cost estimate requirement

Each Federal agency that owns, operates, maintains, or otherwise funds infrastructure, assets, or personnel to provide delivery of fuel to its operations shall apply activity based cost accounting principles to estimate the fully burdened cost of fuel.

(b)

Use of cost estimate

Each agency shall use the fully burdened cost of fuel, as estimated under subsection (a), in conducting analyses and making decisions regarding its activities that create a demand for energy. Such analyses and decisions shall include—

(1)

the use of models, simulations, wargames, and other analytical tools to determine the types of energy consuming equipment that an agency needs to conduct its missions;

(2)

life-cycle cost benefit analyses and other trade-off analyses for determining the cost effectiveness of measures that improve the energy efficiency of an agency’s equipment and systems;

(3)

analyses and decisions conducted or made by others for the agency; and

(4)

procurement and acquisition source selection criteria, requests for proposals, and best value determinations.

(c)

Revision of analytical tools

If a Federal agency employs models, simulations, wargames, or other analytical tools that require substantial upgrades to enable those tools to be used in compliance with this section, the agency shall complete such necessary upgrades not later than 4 years after the date of enactment of this Act.

(d)

Definition

For purposes of this section, the term fully burdened cost of fuel means the commodity price for the fuel plus the total cost of all personnel and assets required to move and, where applicable, protect, the fuel from the point at which the fuel is received from the commercial supplier to the point of use.

6203.

Federal procurement of energy efficient products

(a)

Amendments

Section 553 of the National Energy Conservation 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 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 where 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 in the amendment made under subsection (a)(2)(A) has been fully complied with.

6204.

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 Carbon-Neutral Government 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 undergoing major renovations, with respect to which the Adminstrator 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 Residential Energy Consumption Survey data from the Energy Information Agency), by the percentage specified in the following table:

Percentage
Fiscal year:reduction:
201055
201565
202080
202590
2030100.
(II)

Sustainable design principles shall be applied to the siting, design, and construction of such buildings. Not later than 60 days after the date of enactment of the Carbon-Neutral Government Act of 2007, 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 identify a certification system and level for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification of green buildings. The identification of the certification system and level shall be based on the criteria specified in clause (ii) and shall achieve results at least comparable to the United States Green Building Council Leadership in Energy and Environmental Design silver level. Within 60 days of the completion of each study required by clause (iii), 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 identifying the green building certification system and level, the Secretary shall take into consideration—

(I)

the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph;

(II)

the ability of the applicable certification organization 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 controls; and

(dd)

such other criteria as the Secretary determines to be appropriate; and

(V)

national recognition within the building industry.

(iii)

At least once every five years, 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 (ii).

(iv)

The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by the certification entity identified under clause (i)(II). The Secretary shall include in any such rule guidelines to ensure that the certification process results in buildings meeting the applicable certification system and level identified under clause (i)(II). An agency employing an internal certification process must continue to obtain external certification by the certification entity identified under clause (i)(II) for at least 5 percent of the total number of buildings certified annually by the agency.

(v)

With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, through rulemaking, develop alternative criteria to those established by subclauses (I) and (II) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance.

(vi)

In addition to any use of water conservation technologies 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..

6205.

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 new subsection:

(f)

Large capital energy investments

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 effective. Not later than 6 months after the date of enactment of the Carbon-Neutral Government Act of 2007, each Federal agency shall develop a process for reviewing each such large capital energy investment decision to ensure that the requirement of this subsection is met, and shall report to the Office of Management and Budget on the process established. Not later than one year after the date of enactment of the Carbon-Neutral Government Act of 2007, the Office of Management and Budget shall evaluate and report to Congress on each agency’s compliance with this subsection.

.

(b)

Metering

Section 543(e)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting By October 1, 2016, each agency shall also provide for equivalent metering of natural gas, steam, chilled water, and water, in accordance with guidelines established by the Secretary under paragraph (2). after buildings of the agency..

6206.

Leasing

(a)

In general

Except as provided in subsection (b), effective 3 years after the date of enactment of this Act, no Federal agency shall enter into a new contract to lease space in a building that has not earned the Energy Star label in the most recent year.

(b)

Exception

If—

(1)

no space is available in such a building that meets an agency’s functional requirements, including locational needs;

(2)

the agency is proposing to remain in a building that the agency has occupied previously;

(3)

the agency is proposing 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

(4)

the lease is for no more than 10,000 gross square feet of space,

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 (2) not later than 6 months after signing the contract, the space will be renovated for all energy efficiency improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems.
6207.

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 non-conventional 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.

6208.

Contracts for renewable energy for executive agencies

Section 501(b)(1) of title 40, United States Code, is amended—

(1)

in subparagraph (B), by striking A contract and inserting Except as provided in subparagraph (C), a contract; and

(2)

by adding at the end the following new subparagraph:

(C)

Renewable energy contracts

A contract for renewable energy may be made for a period of not more than 30 years. For the purposes of this subparagraph, the term renewable energy has the meaning given that term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)), except that energy generated from municipal solid waste shall not be considered renewable energy.

.

6209.

Government Efficiency Status Reports

(a)

In general

Each Federal agency subject to any of the requirements of this title and the amendments made by this title shall compile and submit to the Director of the Office of Management 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

(3)

savings to American taxpayers resulting from mandated improvements under this title and the amendments made by this title

(b)

Submission

Such 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.

6210.

OMB Government Efficiency Reports and Scorecards

(a)

Reports

Not later than April 1 of each year, the Director of the Office of Management and Budget shall submit an Annual Government Efficiency report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate, which shall contain—

(1)

a summary of the information reported by agencies under section 6209;

(2)

an evaluation of the Government’s overall progress 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 Office of Management and Budget shall include in any annual energy scorecard it is otherwise required to submit a description of each agency’s compliance with the requirements of this title and the amendments made by this title.

6211.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to implement this subtitle.

6212.

Judicial review

(a)

Final agency action

Any nondiscretionary act or duty under this title or any amendment made by this title is a final agency action for the purposes of judicial review under chapter 7 of title 5, United States Code.

(b)

Venue for certain actions

The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over any petition for review of action of the Administrator in promulgating any rule under subtitle A of this title.

(c)

Limitations

No action under chapter 7 of title 5, United States Code, may be commenced prior to 60 days after the date on which the plaintiff has given notice to the Federal agency concerned of the alleged violation of this title or any amendment made by this title.

(d)

Common claims

When civil actions arising under this title or any amendment made by this title are pending in the same court and involve one or more common questions of fact or common claims regarding the same alleged Federal agency failure or failures to act, the court may consolidate such claims into a single action for judicial review. When civil actions arising under this title or any amendment made by this title are pending in different districts and involve one or more common questions of fact or common claims regarding the same alleged Federal agency failure or failures to act, such actions may be consolidated pursuant to section 1407 of title 28, United States Code.

(e)

Aggrieved persons

A person shall be considered aggrieved within the meaning of this title or any amendment made by this title for purposes of obtaining judicial review under chapter 7 of title 5, United States Code, if the person alleges—

(1)

harm attributable to a Federal agency’s failure to reduce its greenhouse gas emissions in accordance with the requirements under this title or any amendment made by this title, or take other actions required under this title or any amendment made by this title; or

(2)

a Federal agency’s failure to collect and provide information to the public as required by this title or any amendment made by this title.

For purposes of this section, the term harm includes any effect of global warming, currently occurring or at risk of occurring, and the incremental exacerbation of any such effect or risk that is associated with relatively small increments of greenhouse gas emissions, even if the effect or risk is widely shared. An effect or risk associated with global warming is attributable to a Federal agency’s failure to act as described in paragraph (1) if the failure to act results in larger emissions of greenhouse gases than would have been emitted had the Federal agency followed the requirements of this title or any amendment made by this title, as any such incremental additional emissions will exacerbate the pace, extent, and risks of global warming.
(f)

Remedy

(1)

In general

In addition to the remedies available under chapter 7 of title 5, United States Code, a court may provide the remedies specified in this subsection.

(2)

Payment

In any civil action alleging a violation of this title, if the court finds that an agency has significantly violated this title in its failure to perform any nondiscretionary act or duty under this title or any amendment made by this title, the court may award a payment, payable by the United States Treasury, to be used for a beneficial mitigation project recommended by the plaintiff or to compensate the plaintiff for any impact from global warming suffered by the plaintiff. The total payment for all claims by all plaintiffs in any such action shall not exceed the amount provided in section 1332(b) of title 28, United States Code. A court may deny a second payment under this section if the court determines that the plaintiff has filed multiple separate actions that could reasonably have been combined into a single action. No payment may be awarded under this paragraph for violations of an agency’s obligation to collect or report information to the public. No court may award any payment under this paragraph in any given year if the cumulative payments awarded by courts under this paragraph in such year are equal to or greater than $1,500,000.

(3)

Costs

A court may award costs of litigation to any substantially prevailing plaintiff or to any other plaintiff whenever the court determines such an award is appropriate. Such an award is appropriate when such litigation contributes to the Federal agency’s compliance with this title or any amendment made by this title. Costs of litigation include reasonable attorney fees and expert fees.

(4)

Exclusive remedy

Notwithstanding any other provision of Federal law—

(A)

no plaintiff who is awarded a payment under this subsection for a failure to perform a mandatory duty under this title or any amendment made by this title may be awarded a payment for such failure under any other Federal law; and

(B)

no plaintiff may be awarded a payment under this subsection for a failure to perform a mandatory duty under this title or any amendment made by this title if the plaintiff has been awarded a payment for such failure under any other Federal law.

(g)

No State court action

No person may bring any action in State court alleging a violation of this title or any amendment made by this title.

(h)

Inapplicability to procurement protests

No action may be commenced under this section objecting to a solicitation by a Federal agency for bids or proposals for a proposed contract or to a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement if such action may be brought by an interested party under section 1491(b)(1) of title 28, United States Code, or subchapter V of title 31, United States Code.

(i)

Definition

In this section, the term person means a United States person. In the case of an individual, such term means a citizen or national of the United States.

C

Telework Enhancement

6301.

Short title

This subtitle may be cited as the Telework Enhancement Act of 2007.

6302.

Federal Government telework requirement

(a)

In General

(1)

Eligibility

Within 1 year after the date of enactment of this Act, the head of each Executive agency shall establish a policy under which each employee of the agency, except as provided in subsection (b), shall be eligible to participate in telework.

(2)

Participation policy

The policy shall ensure that eligible employees participate in telework to the maximum extent possible without diminishing employee performance or agency operations.

(b)

Ineligible employees

Subsection (a)(1) does not apply to executive agency employees whose duties require the daily handling of national security or intelligence materials or daily on-site physical presence for activity such as necessary contact with special equipment or other activity that cannot be handled remotely or at an alternate worksite.

6303.

Training and monitoring

The head of each executive agency shall ensure that—

(1)

telework training is incorporated in the agency’s new employee orientation procedures;

(2)

telework training is provided to managers and all new teleworkers; and

(3)

periodic employee reviews are conducted for all employees to ascertain whether telework is appropriate for the employee’s job description and the extent to which it is being utilized by the employee.

6304.

Telework managing employee

(a)

In general

The head of each executive agency shall appoint a full time senior level employee of the agency as the Telework Managing Officer. The Telework Managing Office shall be established within the office of the chief administrative officer or a comparable office with similar functions.

(b)

Duties

The Telework Managing Officer shall—

(1)

serve as liaison between employees engaged in teleworking and their employing entity;

(2)

ensure that the organization’s telework policy is communicated effectively to employees;

(3)

encourage all eligible employees to engage in telework to the maximum practicable extent consistent with meeting performance requirements and maintaining operations;