[House Report 108-78]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-78, Part 1
======================================================================
FEDERAL GOVERNMENT ENERGY MANAGEMENT IMPROVEMENT ACT
_______
April 29, 2003.--Ordered to be printed
_______
Mr. Tom Davis of Virginia, from the Committee on Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 1346]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred
the bill (H.R. 1346) to amend the Office of Federal Procurement
Policy Act to provide an additional function of the
Administrator for Federal Procurement Policy relating to
encouraging Federal procurement policies that enhance energy
efficiency, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 10
Background and Need for the Legislation.......................... 10
Hearings......................................................... 11
Committee Consideration.......................................... 11
Committee Oversight Findings..................................... 11
Performance Goals and Objectives................................. 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Constitutional Authority Statement............................... 15
Section-by-Section Analysis and Discussion....................... 15
Changes in Existing Law Made by the Bill, as Reported............ 19
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Government
Energy Management Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL FACILITIES
Sec. 101. Energy management requirements.
Sec. 102. Energy use measurement and accountability.
Sec. 103. Energy savings performance contracts.
Sec. 104. Federal agency participation in demand reduction programs.
TITLE II--FEDERAL FLEETS
Sec. 201. Waivers of alternative fueled vehicle fueling requirement.
Sec. 202. Study on reducing petroleum consumption.
Sec. 203. Hybrid vehicles.
TITLE III--FEDERAL PROCUREMENT
Sec. 301. Procurement of energy efficient products.
Sec. 302. Increased use of recovered mineral component in federally
funded projects involving procurement of cement or concrete.
Sec. 303. Participation of small business concerns.
Sec. 304. Amendment to Buy Indian Act.
Sec. 305. Buy American.
TITLE IV--FEDERAL WORKERS
Sec. 401. Telecommuting study.
Sec. 402. Elimination of pension offset.
TITLE I--FEDERAL FACILITIES
SEC. 101. ENERGY MANAGEMENT REQUIREMENTS.
(a) Energy Reduction Goals.--
(1) Amendment.--Section 543(a)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(a)(1)) is amended by
striking ``its Federal buildings so that'' and all that follows
through the end and inserting ``the Federal buildings of the
agency (including each industrial or laboratory facility) so
that the energy consumption per gross square foot of the
Federal buildings of the agency in fiscal years 2004 through
2013 is reduced, as compared with the energy consumption per
gross square foot of the Federal buildings of the agency in
fiscal year 2001, by the percentage specified in the following
table:
``Fiscal Year Percentage reduction
2004....................................... 2
2005....................................... 4
2006....................................... 6
2007....................................... 8
2008....................................... 10
2009....................................... 12
2010....................................... 14
2011....................................... 16
2012....................................... 18
2013....................................... 20.''.
(2) Reporting baseline.--The energy reduction goals and
baseline established in paragraph (1) of section 543(a) of the
National Energy Conservation Policy Act, as amended by
paragraph (1) of this subsection, supersede all previous goals
and baselines under such paragraph, and related reporting
requirements.
(b) Review and Revision of Energy Performance Requirement.--Section
543(a) of the National Energy Conservation Policy Act (42 U.S.C.
8253(a)) is further amended by adding at the end the following:
``(3) Not later than December 31, 2012, the Secretary shall review
the results of the implementation of the energy performance requirement
established under paragraph (1) and submit to Congress recommendations
concerning energy performance requirements for fiscal years 2014
through 2023.''.
(c) Exclusions.--Section 543(c)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by striking
``An agency may exclude'' and all that follows through the end and
inserting ``(A) An agency may exclude, from the energy performance
requirement for a fiscal year established under subsection (a) and the
energy management requirement established under subsection (b), any
Federal building or collection of Federal buildings, if the head of the
agency finds that--
``(i) compliance with those requirements would be
impracticable;
``(ii) the agency has completed and submitted all federally
required energy management reports;
``(iii) the agency has achieved compliance with the energy
efficiency requirements of this Act, the Energy Policy Act of
1992, Executive Orders, and other Federal law; and
``(iv) the agency has implemented all practicable, life cycle
cost-effective projects with respect to the Federal building or
collection of Federal buildings to be excluded.
``(B) A finding of impracticability under subparagraph (A)(i) shall
be based on--
``(i) the energy intensiveness of activities carried out in
the Federal building or collection of Federal buildings; or
``(ii) the fact that the Federal building or collection of
Federal buildings is used in the performance of a national
security function.''.
(d) Review by Secretary.--Section 543(c)(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(c)(2)) is amended--
(1) by striking ``impracticability standards'' and inserting
``standards for exclusion''; and
(2) by striking ``a finding of impracticability'' and
inserting ``the exclusion''.
(e) Criteria.--Section 543(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(c)) is further amended by adding at the end
the following:
``(3) Not later than 180 days after the date of enactment of this
paragraph, the Secretary shall issue guidelines that establish criteria
for exclusions under paragraph (1).''.
(f) Retention of Energy Savings.--Section 546 of the National Energy
Conservation Policy Act (42 U.S.C. 8256) is amended by adding at the
end the following new subsection:
``(e) Retention of Energy Savings.--An agency may retain any funds
appropriated to that agency for energy expenditures, at buildings
subject to the requirements of section 543(a) and (b), that are not
made because of energy savings. Except as otherwise provided by law,
such funds may be used only for energy efficiency or unconventional and
renewable energy resources projects.''.
(g) Reports.--Section 548(b) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(b)) is amended--
(1) in the subsection heading, by inserting ``the President
and'' before ``Congress''; and
(2) by inserting ``President and'' before ``Congress''.
(h) Conforming Amendment.--Section 550(d) of the National Energy
Conservation Policy Act (42 U.S.C. 8258b(d)) is amended in the second
sentence by striking ``the 20 percent reduction goal established under
section 543(a) of the National Energy Conservation Policy Act (42
U.S.C. 8253(a)).'' and inserting ``each of the energy reduction goals
established under section 543(a).''.
SEC. 102. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.
Section 543 of the National Energy Conservation Policy Act (42 U.S.C.
8253) is further amended by adding at the end the following:
``(e) Metering of Energy Use.--
``(1) Deadline.--By October 1, 2010, in accordance with
guidelines established by the Secretary under paragraph (2),
all Federal buildings shall, for the purposes of efficient use
of energy and reduction in the cost of electricity used in such
buildings, be metered or submetered. Each agency shall use, to
the maximum extent practicable, advanced meters or advanced
metering devices that provide data at least daily and that
measure at least hourly consumption of electricity in the
Federal buildings of the agency. Such data shall be
incorporated into existing Federal energy tracking systems and
made available to Federal facility energy managers.
``(2) Guidelines.--
``(A) In general.--Not later than 180 days after the
date of enactment of this subsection, the Secretary, in
consultation with the Department of Defense, the
General Services Administration, representatives from
the metering industry, utility industry, energy
services industry, energy efficiency industry, national
laboratories, universities, and Federal facility energy
managers, shall establish guidelines for agencies to
carry out paragraph (1).
``(B) Requirements for guidelines.--The guidelines
shall--
``(i) take into consideration--
``(I) the cost of metering and
submetering and the reduced cost of
operation and maintenance expected to
result from metering and submetering;
``(II) the extent to which metering
and submetering are expected to result
in increased potential for energy
management, increased potential for
energy savings and energy efficiency
improvement, and cost and energy
savings due to utility contract
aggregation; and
``(III) the measurement and
verification protocols of the
Department of Energy;
``(ii) include recommendations concerning the
amount of funds and the number of trained
personnel necessary to gather and use the
metering information to track and reduce energy
use;
``(iii) establish priorities for types and
locations of buildings to be metered and
submetered based on cost-effectiveness and a
schedule of one or more dates, not later than 1
year after the date of issuance of the
guidelines, on which the requirements specified
in paragraph (1) shall take effect; and
``(iv) establish exclusions from the
requirements specified in paragraph (1) based
on the de minimis quantity of energy use of a
Federal building, industrial process, or
structure.
``(3) Plan.--No later than 6 months after the date guidelines
are established under paragraph (2), in a report submitted by
the agency under section 548(a), each agency shall submit to
the Secretary a plan describing how the agency will implement
the requirements of paragraph (1), including (A) how the agency
will designate personnel primarily responsible for achieving
the requirements and (B) demonstration by the agency, complete
with documentation, of any finding that advanced meters or
advanced metering devices, as defined in paragraph (1), are not
practicable.''.
SEC. 103. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Permanent Extension.--Section 801(c) of the National Energy
Conservation Policy Act (42 U.S.C. 8287(c)) is repealed.
(b) Replacement Facilities.--Section 801(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding at the
end the following new paragraph:
``(3)(A) In the case of an energy savings contract or energy savings
performance contract providing for energy savings through the
construction and operation of one or more buildings or facilities to
replace one or more existing buildings or facilities, benefits
ancillary to the purpose of such contract under paragraph (1) may
include savings resulting from reduced costs of operation and
maintenance at such replacement buildings or facilities when compared
with costs of operation and maintenance at the buildings or facilities
being replaced, established through a methodology set forth in the
contract.
``(B) Notwithstanding paragraph (2)(B), aggregate annual payments by
an agency under an energy savings contract or energy savings
performance contract referred to in subparagraph (A) may take into
account (through the procedures developed pursuant to this section)
savings resulting from reduced costs of operation and maintenance as
described in that subparagraph.''.
(c) Energy Savings.--Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as
follows:
``(2) The term `energy savings' means--
``(A) a reduction in the cost of energy or water,
from a base cost established through a methodology set
forth in the contract, used in an existing federally
owned building or buildings or other federally owned
facilities as a result of--
``(i) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services;
``(ii) the increased efficient use of
existing energy sources by cogeneration or heat
recovery, excluding any cogeneration process
for other than a federally owned building or
buildings or other federally owned facilities;
or
``(iii) the increased efficient use of
existing water sources; or
``(B) in the case of a replacement building or
facility described in section 801(a)(3), a reduction in
the cost of energy, from a base cost established
through a methodology set forth in the contract, that
would otherwise be utilized in one or more existing
federally owned buildings or other federally owned
facilities by reason of the construction and operation
of the replacement building or facility.''.
(d) Energy Savings Contract.--Section 804(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as
follows:
``(3) The terms `energy savings contract' and `energy savings
performance contract' mean a contract (including a utility
energy services contract) which provides for--
``(A) the performance of services for the design,
acquisition, installation, testing, operation, and,
where appropriate, maintenance and repair, of an
identified energy or water conservation measure or
series of measures at one or more locations; or
``(B) energy savings through the construction and
operation of one or more buildings or facilities to
replace one or more existing buildings or facilities.
Such contracts shall, with respect to an agency facility that
is a public building as such term is defined in section 13(1)
of the Public Buildings Act of 1959 (40 U.S.C. 612(1)), be in
compliance with the prospectus requirements and procedures of
section 7 of the Public Buildings Act of 1959 (40 U.S.C.
606).''.
(e) Energy or Water Conservation Measure.--Section 804(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended
to read as follows:
``(4) The term `energy or water conservation measure' means--
``(A) an energy conservation measure, as defined in
section 551(4) (42 U.S.C. 8259(4)); or
``(B) a water conservation measure that improves
water efficiency, is life cycle cost-effective, and
involves water conservation, water recycling or reuse,
more efficient treatment of wastewater or stormwater,
improvements in operation or maintenance efficiencies,
retrofit activities, or other related activities, not
at a Federal hydroelectric facility.''.
(f) Review.--Within 180 days after the date of the enactment of this
section, the Secretary of Energy shall complete a review of the Energy
Savings Performance Contract program to identify statutory, regulatory,
and administrative obstacles that prevent Federal agencies from fully
utilizing the program. In addition, this review shall identify all
areas for increasing program flexibility and effectiveness, including
audit and measurement verification requirements, accounting for energy
use in determining savings, contracting requirements, and energy
efficiency services covered. The Secretary shall report these findings
to the Committees on Energy and Commerce and Government Reform of the
House of Representatives and the Committees on Energy and Natural
Resources and Governmental Affairs of the Senate, and shall implement
identified administrative and regulatory changes to increase program
flexibility and effectiveness to the extent that such changes are
consistent with statutory authority.
SEC. 104. FEDERAL AGENCY PARTICIPATION IN DEMAND REDUCTION PROGRAMS.
Section 546(c) of the National Energy Conservation Policy Act (42
U.S.C. 8256(c)) is amended by adding at the end of the following new
paragraph:
``(6) Federal agencies are encouraged to participate in State or
regional demand side reduction programs. The availability of such
programs, including measures employing onsite generation, and the
savings resulting from such participation, should be included in the
evaluation of energy options for Federal facilities.''.
TITLE II--FEDERAL FLEETS
SEC. 201. WAIVERS OF ALTERNATIVE FUELED VEHICLE FUELING REQUIREMENT.
Section 400AA(a)(3)(E) of the Energy Policy and Conservation Act (42
U.S.C. 6374(a)(3)(E)) is amended to read as follows:
``(E)(i) Dual fueled vehicles acquired pursuant to this section shall
be operated on alternative fuels unless the Secretary determines that
an agency needs a waiver of such requirement for vehicles in the fleet
of the agency in a particular geographic area where--
``(I) the alternative fuel otherwise required to be used in
the vehicle is not reasonably available to retail purchasers of
the fuel, as certified to the Secretary by the head of the
agency; or
``(II) the cost of the alternative fuel otherwise required to
be used in the vehicle is unreasonably more expensive compared
to gasoline, as certified by the head of the agency.
``(ii) The Secretary shall monitor compliance with this subparagraph
by all such fleets and shall report annually to the Congress on the
extent to which the requirements of this subparagraph are being
achieved. The report shall include information on annual reductions
achieved of petroleum-based fuels and the problems, if any, encountered
in acquiring alternative fuels.''.
SEC. 202. STUDY ON REDUCING PETROLEUM CONSUMPTION.
(a) In General.--The Administrator of General Services, in
cooperation with the Secretary of Energy, shall conduct a study to
consider the merits of establishing performance measures to guide the
reduction of petroleum consumption by Federal fleets.
(b) Matters To Be Addressed.--The study shall assess the feasibility
of performance measures--
(1) to enable agency and congressional decisionmakers to
establish annual and long-term performance goals to define the
level of petroleum consumption reduction to be achieved by
Federal fleets;
(2) to improve the effectiveness and accountability of
Federal efforts to reduce petroleum consumption and dependency;
(3) to enhance decisionmaking by providing objective
information on achieving performance objectives; and
(4) to provide an alternative to the mandated alternative
fueled vehicle requirements in section 303 of the Energy Policy
Act of 1992 (42 U.S.C. 13212).
(c) Report.--Not later than 12 months after the date of enactment of
this Act, the Administrator shall submit to the Committees on
Environment and Public Works and Governmental Affairs of the Senate and
the Committees on Energy and Commerce and Government Reform of the
House of Representatives a report on the study.
SEC. 203. HYBRID VEHICLES.
(a) In General.--Section 303(b)(1) of the Energy Policy Act of 1992
(42 U.S.C. 13212(b)(1)) is amended by striking subparagraph (D) and the
matter after subparagraph (D) and inserting the following:
``(D) 75 percent in fiscal years 1999 through 2003,
shall be alternative fueled vehicles. For fiscal years 2004 and
thereafter, of the total number of vehicles acquired by a Federal
fleet, at least 75 percent shall be alternative fueled vehicles or
future technology vehicles.''.
(b) Exemption.--Such section 303(b) is further amended by adding at
the end the following new paragraph:
``(4) For the period for which a Federal fleet is operating under the
exemption provided in section 400AA(a)(3)(E) of the Energy Policy and
Conservation Act (42 U.S.C. 6374(a)(3)(E)), and where future technology
vehicles are available that would meet the agency's operational
requirements for such fleet but the agency chooses not to acquire such
vehicles, acquisitions of dual fueled vehicles for that fleet shall not
count toward satisfaction of the requirements in this subsection.''.
(c) Definition.--Section 301 of such Act is amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and
by inserting a semicolon; and
(3) by adding at the end the following:
``(15) the term `future technology vehicle' means, for the
fiscal years 2004 through 2009, a qualified hybrid motor
vehicle, and for fiscal years after 2009, a vehicle--
``(A) that represents emerging technology that does not yet
have substantial market penetration;
``(B) for which Federal Government acquisitions can lead the
market;
``(C) that achieves significant reductions in air emissions
and oil use compared to new vehicles that do have substantial
market penetration; and
``(D) that in no event achieves reductions in air emissions
and oil use that are less than a qualified hybrid motor
vehicle,
as defined by the Secretary through guidance;
``(16) the term `qualified hybrid motor vehicle' means a
passenger automobile, light duty truck, or medium duty
passenger vehicle as defined in regulations issued by the
Administrator--
``(A) which draws propulsion energy from--
``(i) an internal combustion or heat engine
using combustible fuel; and
``(ii) a rechargeable onboard energy storage
system which operates at no less than 100 volts
and which provides a percentage of maximum
available power of at least 5 percent;
``(B) which has received a certificate that such
vehicle meets or exceeds the Bin 5 Tier II emission
level established in regulations prescribed by the
Administrator under section 202(i) of the Clean Air Act
for that make and model year vehicle; and
``(C) which achieves at least 140 percent of the
average 2002 model year city fuel economy for passenger
automobiles in the same vehicle inertia weight class,
if the vehicle is a passenger automobile, or for light
duty trucks in the same vehicle inertia weight class,
if the vehicle is a light duty truck, or for medium
duty passenger vehicles, if the vehicle is a medium
duty passenger vehicle, as determined by the
Environmental Protection Agency according to the
following vehicle inertia weight classes: 1,500 and
1,750 lbs (calculated based on the 1,750 lbs weight
class), 2,000 lbs, 2,250 lbs, 2,500 lbs, 2,750 lbs,
3,000 lbs, 3,500 lbs, 4,000 lbs, 4,500 lbs, 5,000 lbs,
5,500 lbs, 6,000 lbs, 6,500 lbs, 7,000 to 8,500 lbs,
and 8,500 to 10,000 lbs;
``(17) the term `percentage of maximum available power' means
the maximum power available from the rechargeable energy
storage system, during a standard 10 second pulse power or
equivalent test, divided by the sum of such maximum power and
the SAE net power of the internal combustion or heat engine;
and
``(18) the term `vehicle inertia weight class' has the same
meaning as when defined in regulations prescribed by the
Administrator for purposes of the administration of title II of
the Clean Air Act (42 U.S.C. 7521 et seq.).''.
(d) Allocation of Incremental Costs.--Subsection (c) of such section
303 is amended to read as follows:
``(c) Allocation of Incremental Costs.--The General Services
Administration and any other Federal agency that procures motor
vehicles for distribution to other Federal agencies shall allocate the
incremental cost of alternative fueled vehicles and future technology
vehicles over the cost of comparable internal combustion gasoline
vehicles across the entire fleet of motor vehicles distributed by such
agency in any fiscal year.''.
TITLE III--FEDERAL PROCUREMENT
SEC. 301. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
(a) Requirements.--Part 3 of title V of the National Energy
Conservation Policy Act is amended by adding at the end the following:
``SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
``(a) Definitions.--In this section:
``(1) Energy star product.--The term `Energy Star product'
means a product that is rated for energy efficiency under an
Energy Star program.
``(2) Energy star program.--The term `Energy Star program'
means the program established by section 324A of the Energy
Policy and Conservation Act.
``(3) Executive agency.--The term `executive agency' has the
meaning given the term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
``(4) FEMP designated product.--The term `FEMP designated
product' means a product that is designated under the Federal
Energy Management Program of the Department of Energy as being
among the highest 25 percent of equivalent products for energy
efficiency.
``(b) Procurement of Energy Efficient Products.--
``(1) Requirement.--To meet the requirements of an executive
agency for an energy consuming product, the head of the
executive agency shall, except as provided in paragraph (2),
procure--
``(A) an Energy Star product; or
``(B) a FEMP designated product.
``(2) Exceptions.--The head of an executive agency is not
required to procure an Energy Star product or FEMP designated
product under paragraph (1) if the head of the executive agency
finds in writing that--
``(A) an Energy Star product or FEMP designated
product is not cost-effective over the life of the
product taking energy cost savings into account; or
``(B) no Energy Star product or FEMP designated
product is reasonably available that meets the
functional requirements of the executive agency.
``(3) Procurement planning.--The head of an executive agency
shall incorporate into the specifications for all procurements
involving energy consuming products and systems, including
guide specifications, project specifications, and construction,
renovation, and services contracts that include provision of
energy consuming products and systems, and into the factors for
the evaluation of offers received for the procurement, criteria
for energy efficiency that are consistent with the criteria
used for rating Energy Star products and for rating FEMP
designated products.
``(c) Listing of Energy Efficient Products in Federal Catalogs.--
Energy Star products and FEMP designated products shall be clearly
identified and prominently displayed in any inventory or listing of
products by the General Services Administration or the Defense
Logistics Agency. The General Services Administration or the Defense
Logistics Agency shall supply only Energy Star products or FEMP
designated products for all product categories covered by the Energy
Star program or the Federal Energy Management Program, except in cases
where the agency ordering a product specifies in writing that no Energy
Star product or FEMP designated product is available to meet the
buyer's functional requirements, or that no Energy Star product or FEMP
designated product is cost-effective for the intended application over
the life of the product, taking energy cost savings into account.
``(d) Designation of Electric Motors.--In the case of electric motors
of 1 to 500 horsepower, agencies shall select only premium efficient
motors that meet a standard designated by the Secretary. The Secretary
shall designate such a standard within 120 days after the date of the
enactment of this section, after considering the recommendations of
associated electric motor manufacturers and energy efficiency groups.
``(e) Regulations.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall issue guidelines to
carry out this section.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the National Energy Conservation Policy Act (42 U.S.C. 8201 note) is
amended by inserting after the item relating to section 551 the
following:
``Sec. 552. Federal procurement of energy efficient products.''.
SEC. 302. INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY
FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT OR
CONCRETE.
(a) Amendment.--Subtitle F of the Solid Waste Disposal Act (42 U.S.C.
6961 et seq.) is amended by adding at the end the following new
section:
``increased use of recovered mineral component in federally funded
projects involving procurement of cement or concrete
``Sec. 6005. (a) Definitions.--In this section:
``(1) Agency head.--The term `agency head' means--
``(A) the Secretary of Transportation; and
``(B) the head of each other Federal agency that on a
regular basis procures, or provides Federal funds to
pay or assist in paying the cost of procuring, material
for cement or concrete projects.
``(2) Cement or concrete project.--The term `cement or
concrete project' means a project for the construction or
maintenance of a highway or other transportation facility or a
Federal, State, or local government building or other public
facility that--
``(A) involves the procurement of cement or concrete;
and
``(B) is carried out in whole or in part using
Federal funds.
``(3) Recovered mineral component.--The term `recovered
mineral component' means--
``(A) ground granulated blast furnace slag;
``(B) coal combustion fly ash; and
``(C) any other waste material or byproduct recovered
or diverted from solid waste that the Administrator, in
consultation with an agency head, determines should be
treated as recovered mineral component under this
section for use in cement or concrete projects paid
for, in whole or in part, by the agency head.
``(b) Implementation of Requirements.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator and each agency
head shall take such actions as are necessary to implement
fully all procurement requirements and incentives in effect as
of the date of enactment of this section (including guidelines
under section 6002) that provide for the use of cement and
concrete incorporating recovered mineral component in cement or
concrete projects.
``(2) Priority.--In carrying out paragraph (1) an agency head
shall give priority to achieving greater use of recovered
mineral component in cement or concrete projects for which
recovered mineral components historically have not been used or
have been used only minimally.
``(3) Conformance.--The Administrator and each agency head
shall carry out this subsection in accordance with section
6002.
``(c) Full Implementation Study.--
``(1) In general.--The Administrator, in cooperation with the
Secretary of Transportation and the Secretary of Energy, shall
conduct a study to determine the extent to which current
procurement requirements, when fully implemented in accordance
with subsection (b), may realize energy savings and
environmental benefits attainable with substitution of
recovered mineral component in cement used in cement or
concrete projects.
``(2) Matters to be addressed.--The study shall--
``(A) quantify the extent to which recovered mineral
components are being substituted for Portland cement,
particularly as a result of current procurement
requirements, and the energy savings and environmental
benefits associated with that substitution;
``(B) identify all barriers in procurement
requirements to fuller realization of energy savings
and environmental benefits, including barriers
resulting from exceptions from current law; and
``(C)(i) identify potential mechanisms to achieve
greater substitution of recovered mineral component in
types of cement or concrete projects forwhich recovered
mineral components historically have not been used or have been used
only minimally;
``(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substitution
rates of recovered mineral component in those cement or
concrete projects; and
``(iii) identify any potential environmental or
economic effects that may result from greater
substitution of recovered mineral component in those
cement or concrete projects.
``(3) Report.--Not later than 30 months after the date of
enactment of this section, the Administrator shall submit to
the Committee on Appropriations, Committee on Environment and
Public Works, and Committee on Governmental Affairs of the
Senate and the Committee on Appropriations, Committee on Energy
and Commerce, Committee on Transportation and Infrastructure,
and Committee on Government Reform of the House of
Representatives a report on the study.
``(d) Additional Procurement Requirements.--Unless the study
conducted under subsection (c) identifies any effects or other problems
described in subsection (c)(2)(C)(iii) that warrant further review or
delay, the Administrator and each agency head shall, within 1 year of
the release of the report in accordance with subsection (c)(3), take
additional actions authorized under this Act to establish procurement
requirements and incentives that provide for the use of cement and
concrete with increased substitution of recovered mineral component in
the construction and maintenance of cement or concrete projects, so as
to--
``(1) realize more fully the energy savings and environmental
benefits associated with increased substitution; and
``(2) eliminate barriers identified under subsection (c).
``(e) Effect of Section.--Nothing in this section affects the
requirements of section 6002 (including the guidelines and
specifications for implementing those requirements).''.
(b) Table of Contents Amendment.--The table of contents of the Solid
Waste Disposal Act is amended by adding after the item relating to
section 6004 the following new item:
``Sec. 6005. Increased use of recovered mineral component in federally
funded projects involving procurement of cement or concrete.''.
SEC. 303. PARTICIPATION OF SMALL BUSINESS CONCERNS.
(a) Sense of Congress.--It is the sense of Congress that an Alaska
natural gas transportation project will provide significant economic
benefits to the United States and Canada. In order to maximize those
benefits, Congress urges the sponsors of the pipeline project to
maximize, to the maximum extent practicable, the participation of small
business concerns in contracts and subcontracts awarded in carrying out
the project.
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study on the extent to which small business concerns
participate in the construction of oil and gas pipelines in the
United States.
(2) Report.--Not later that 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to Congress a report containing the results of the study.
(3) Updates.--The Comptroller General shall update the study
at least once every 5 years and transmit to Congress a report
containing the results of the update.
(4) Applicability.--After the date of completion of the
construction of an Alaska natural gas transportation project,
this subsection shall no longer apply.
(c) Small Business Concern Defined.--In this section, the term
``small business concern'' has the meaning given such term in section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
SEC. 304. AMENDMENT TO BUY INDIAN ACT.
Section 23 of the Act of June 25, 1910 (25 U.S.C. 47; commonly known
as the ``Buy Indian Act'') is amended by inserting ``energy products,
and energy by-products,'' after ``printing,''.
SEC. 305. BUY AMERICAN.
It is the sense of Congress that no purchase of supplies, other than
for the construction, alteration, or repair of any public building or
public work in the United States, should be made from a person or
entity found in violation of a certificate provided by the person or
entity pursuant to the Buy American Act (41 U.S.C. 10a-10c).
TITLE IV--FEDERAL WORKERS
SEC. 401. TELECOMMUTING STUDY.
(a) Study Required.--The Secretary, in consultation with the
Commission, the Director of the Office of Personnel Management, the
Administrator of General Services, and the Administrator of NTIA, shall
conduct a study of the energy conservation implications of the
widespread adoption of telecommuting by Federal employees in the United
States.
(b) Required Subjects of Study.--The study required by subsection (a)
shall analyze the following subjects in relation to the energy saving
potential of telecommuting by Federal employees:
(1) Reductions of energy use and energy costs in commuting
and regular office heating, cooling, and other operations.
(2) Other energy reductions accomplished by telecommuting.
(3) Existing regulatory barriers that hamper telecommuting,
including barriers to broadband telecommunications services
deployment.
(4) Collateral benefits to the environment, family life, and
other values.
(c) Report Required.--The Secretary shall submit to the President and
the Congress a report on the study required by this section not later
than 6 months after the date of the enactment of this Act. Such report
shall include a description of the results of the analysis of each of
the subjects described in subsection (b).
(d) Definitions.--As used in this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration of the
Department of Commerce.
(4) Telecommuting.--The term ``telecommuting'' means the
performance of work functions using communications
technologies, thereby eliminating or substantially reducing the
need to commute to and from traditional worksites.
(5) Federal employee.--The term ``Federal employee'' has the
meaning provided the term ``employee'' by section 2105 of title
5, United States Code.
SEC. 402. ELIMINATION OF PENSION OFFSET.
Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is
amended by adding at the end the following:
``y. exempt from the application of sections 8344 and 8468 of
title 5, United States Code, an annuitant who was formerly an
employee of the Commission who is hired by the Commission as a
consultant, if the Commission finds that the annuitant has a
skill that is critical to the performance of the duties of the
Commission.''.
Purpose and Summary
H.R. 1346, as amended, would authorize the use of
performance contracts as a cost-effective tool for improving
federal agency efficiency; set standards for the procurement of
federal vehicles, such as fuel requirements; set standards for
energy consuming products purchased by the federal government;
and make it easier for former civil servants with skills
critical to energy conservation to re-enter the federal
workforce as needed.
Background and Need for the Legislation
The Government Reform Committee has jurisdiction over
government management (including the management of federal
property such as buildings and vehicles), federal procurement
policy and civil service policy. These issues are critical to
any comprehensive energy policy legislation considered by the
Congress. As such, leadership requested that the Government
Reform Committee, in addition to all other congressional
committees with legislative responsibility over energy policy,
submit its energy policy provisions in preparation for a
comprehensive bill.
Hearings
On March 12, 2003, the Government Reform Committee held a
hearing entitled ``Energy Efficiency Improvements in Federal
Buildings and Vehicles.'' The purpose of the hearing was for
the Committee to gain a better understanding of the
government's progress in reducing energy consumption and
achieving more efficient use of energy in federal facilities
and vehicles. Witnesses at the hearing included The Honorable
David Garman, Assistant Secretary, Energy Efficiency and
Renewable Energy, United States Department of Energy; Paul
Lynch, Assistant Commissioner, Business Operations, Public
Buildings Service, United States General Services
Administration; and William Rivers, Director, Federal Vehicles
Policy Division, Office of Government-wide Policy, United
States General Services Administration.
Committee Consideration
On March 20, 2003, the Committee met in open session and
ordered favorably reported the bill, H.R. 1346, as amended, by
voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 3(c)(1) or rule XIII of the Rules
of House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under 2(b)(1) of rule X of the Rules of
the House of Representatives, are incorporated in the
descriptive portions of this report.
Performance Goals and Objectives
H.R. 1346 does not authorize funding. Therefore, clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to H.R. 1346, the following estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 7, 2003.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1346, the Federal
Government Energy Management Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Cash
Driskill.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 1346--Federal Government Energy Management Improvement Act
Summary: H.R. 1346 would amend several standards for energy
efficiency and conservation throughout the federal government.
Such standards would apply to federal buildings, vehicle
fleets, and equipment procurement. The bill also would provide
permanent authorization to use energy savings performance
contracts (ESPCs) and would expand their use. The expansion
would allow agencies to use an ESPC to construct replacement
buildings by committing to pay private contractors a portion of
the budget savings expected from reduced operations,
maintenance, and energy costs at such new buildings.
Additionally, the bill would require three new studies for the
Congress.
CBO estimates that the indefinite authorization and
expansion of ESPCs would increase direct spending by about $75
million in 2004 and $2.8 billion over the 2004-2013 period.
Additionally, CBO estimates that, assuming appropriation of the
necessary amounts, implementing H.R. 1346 would cost $80
million in 2004 and $400 million over the 2004-2008 period.
H.R. 1346 contains no intergovernmental mandates or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA). Any costs incurred by state, local, or
tribal governments would result from complying with conditions
of federal aid.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1346 is shown in the following table.
The costs of this legislation fall within budget functions 270
(energy) and 800 (general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Electricity Metering at Federal Buildings:
Estimated Authorization Level.................................. 80 80 80 80 80
Estimated Outlays.............................................. 80 80 80 80 80
CHANGES IN DIRECT SPENDING
Permanent Authorization of ESPCs:
Estimated Budget Authority..................................... 75 104 107 109 111
Estimated Outlays.............................................. 64 100 106 109 111
Expansion of ESPCs:
Estimated Budget Authority..................................... 35 70 105 140 175
Estimated Outlays.............................................. 11 42 77 112 147
Total Estimated Direct Spending Under H.R. 1346:
Estimated Budget Authority..................................... 110 174 212 249 286
Estimated Outlays.............................................. 75 142 183 221 258
----------------------------------------------------------------------------------------------------------------
Note.--ESPCs = Energy Savings Performance Contracts.
Basis of estimate: For this estimate, CBO assumes H.R. 1346
will be enacted by the end of fiscal year 2003. We assume that
the necessary amounts will be appropriated for each year, and
that outlays will occur at historical rates for similar
programs.
Spending subject to appropriation
H.R. 1346 would establish energy conservation goals and
requirements for the government, including, where practical,
hourly electricity metering in all federal buildings by 2010.
The bill also would require that three studies for the Congress
be performed by various agencies. CBO estimates that
implementing H.R. 1346 would cost $80 million in 2004 and $400
million over the 2004-2008 period, assuming appropriation of
the necessary funds.
Energy Conservation at Federal Agencies. H.R. 1346 would
amend several energy conservation goals and requirements for
the federal government. Most of those goals, such as reducing
energy use by 2 percent per year relative to 2000 consumption
and purchasing energy-efficient products when economical, are
being done under current executive orders. Where practical, the
bill would require that hourly electricity meters be installed
at all federal buildings by 2010. Such meters would provide
data at least once daily and measure hourly consumption of
electricity. The data would be available to facility energy
managers.
Based on information from the Department of Energy (DOE),
we assume that it would only be economical to meter 20 percent
of the government's inventory of 500,000 buildings and that
installing meters would cost, on average, $4,000 per building.
We assume that meters would be installed in 20,000 buildings
per year until 2008, when the project would be complete. Thus,
we estimate that implementing the metering provisions of H.R.
1346 would cost $80 million in 2004 and $400 million over the
2004-2008 period.
Based on experience in the private sector, metering the
hourly electricity use of buildings can lead to reduced energy
consumption and reduce costs enough to recoup the cost of
installing meters within two to four years. It is impossible
that this requirement could lead to a future reduction in
appropriations for federal building energy use, but any such
savings would depend on how metering information is used by
federal agencies. Additionally, metering can reveal where
energy use is high, but capital investment and other changes in
how federal buildings consumer energy would likely be needed to
achieve savings. In any case, any savings are not likely to be
significant over the next five years because most of the new
metering and required capital investment would not be completed
until the end of the period or after 2008.
Studies by Federal Agencies. H.R. 1346 would require three
separate studies for the Congress. Specifically it would
require:
DOE to study the energy conservation effects
of telecommuting;
The General Services Administration (GSA) to
study the effects of reducing petroleum consumption in
federal fleets; and
The General Accounting Office (GAO) to study
the participation of small business in the construction
of oil and gas pipelines.
CBO estimates that it would cost about $150,000 per study
and that all the studies would take one year to complete. Thus,
we estimate that implementing those studies would cost about
$450,000 in 2004, assuming the availability of appropriated
funds.
Direct spending
H.R. 1346 would provide permanent authorization for the use
of energy savings performance contracts and expand their use.
Overall, CBO estimates that those provisions would increase
direct spending by $75 million in 2004 and $2.8 billion over
the 2004-2013 period.
Permanent Authorization of ESPCs. Currently, federal
agencies can enter into an ESPC, a specific type of long-term
contract, for the purchase of energy efficiency equipment, such
as new windows and lighting. Using such equipment can reduce
the energy costs for a facility. When using an ESPC, the
savings from reduced energy bills are used to pay for the
purchase of the new equipment over several years. The
commitment to make such payments is made when the ESPC is
entered into. Thus, consistent with governmentwide accounting
principles, CBO believes that the budget should reflect that
commitment as new obligations at the time that an ESPC is
signed. Currently, agencies can use ESPCs to purchase new
equipment over a 25-year period without an appropriation for
the full amount of the purchase price.
DOE estimates that agencies entered into ESPCs valued over
$800 million since 1988. CBO estimates that, because the
federal building inventory is aging, those contracts would
continue to be used over time at roughly the same rate
currently used, or $75 million in 2004 and increasing after
that. Thus, we estimate that extending the authorization for
ESPCs would incerase direct spending by about $64 million in
2004 and $1.1 billion over the 2004-2013 period.
Expanding ESPCs for Building Construction. H.R. 1346 would
expand the use of such contracts to cover the purchase of a new
building if the cost of the new building is less than the
present value of estimated savings from lower costs of
operations, maintenance, and energy consumption.
A November 2000 report from GSA's Office of the Inspector
General estimates that it would take several billion dollars to
bring the federal building inventory up to appropriate
operations, maintenance, and energy efficiency standards. Thus,
we assume that the opportunity of cost savings that could be
generated from reduced operations, maintenance, and energy
expenses at new buildings would be significant. We expect that
the new authority provided by the bill would be used only in a
few cases in the first few years but that, as buildings
continue to deteriorate and requirements for energy efficiency
continue to increase, the authority would be used at an
increasing rate.
DOE has plans to use the new authority under this provision
to build a new facility in New Mexico at an estimated cost of
$35 million. While the precise number of new facilities planned
for construction that could qualify for funding under the
authority that would be provided by the bill cannot be
determined at this time, CBO estimates that this new
authoritywould be used at least 15 times over the next five years at an
estimated cost of about $400 million over the 2004-2008 period. We
expect that the use of the funding mechanism would grow after 2008 and
that total spending over the 2004-2013 period would be about $1.7
billion.
Estimated impact on state, local, and tribal governments:
H.R. 1346 contains no intergovernmental mandates as defined in
UMRA. Section 302 of H.R. 1346 might impose some costs on
recipients of federal grants by encouraging the increased use
of certain recycled materials in federally funded construction
projects that use cement or concrete, including highway
construction projects. Since this provision would apply only to
projects that receive federal funding, it is a condition of
federal aid rather than a mandate.
CBO cannot determine the exact costs or savings that states
might realize as a result of this provision because of
uncertainties in how the federal government would implement the
new language. However, we do not expect federal agencies would
make substantial changes to existing policies regarding the use
of recycled materials, so the impact probably would be small.
Those federal policies already encourage states to use recycled
materials, and at least half of the states already have
policies in place providing for their use in highway and
construction projects. According to industry and government
sources, states without such policies either already routinely
use the materials or do not have a readily available source for
the materials.
Estimated impact on the private sector: This bill contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Lisa Cash Driskill;
Impact on State, Local, and Tribal Governments: Greg Waring;
and Impact on the Private Sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, Section 8, Clauses 1 and 18 of
the United States Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short title; table of contents
This Act may be cited as the ``Federal Government Energy
Management Improvement Act.''
TITLE I--FEDERAL FACILITIES
Section 101. Energy management requirements
This section would establish percentage reductions in
energy consumption by federal buildings for fiscal years 2004
through 2013. In FY 2004, all federal buildings would have to
consume 2% less energy per gross square foot, using FY2001 as a
baseline. The percentage reduction would increase 2% every year
through FY2013, the last year specified, when buildings would
be required to consume 20% less than the FY2001 baseline.
This section would provide a waiver for agency heads who
determine that compliance with the requirements would be
impracticable.
Finally, this section would allow agencies to retain
appropriated funds that were not expended due to energy
savings. Such funds would only be available for energy
conservation purposes.
Section 102. Energy use measurement and accountability
This section would require all federal buildings to meter
their energy consumption on an hourly basis by October 1, 2010.
Six months after date of enactment of this Act, the Secretary
would have to issue guidelines to agencies on how to meter
energy consumption, and then agency heads would be required to
submit their plans six months after the Secretary's issuance of
the guidelines.
Section 103. Energy savings performance contracts
This section would repeal the October 1, 2003, sunset on
the use of energy savings performance contracts.
This section would also clarify that the computation of
energy savings in an energy savings performance contract can
include energy savings accomplished through replacing existing
facilities with new, more energy efficient facilities (rather
than only energy savings due to better use of existing
facilities). The Committee believes that savings resulting from
the costs of operation, maintenance, or improvements must be
based on life cycle costs. Without this definition, savings
could be defined in many different and inconsistent ways. Using
life cycle as the basis would allow for energy savings
performance contracts to establish the baseline costs of
existing buildings for facilities using the same life-cycle
assessment method used to determine the future cost of proposed
modifications, thus providing consistency. Life-cycle
assessment and its application are defined as addressed in E.O.
13101, E.O. 13123 and E.O. 13148 and is the standard
methodology of calculating energy costs and savings.
Finally, this section would require the Secretary of Energy
to review the energy savings performance contract program
within six months after date of enactment.
The Committee believes that government facilities represent
a significant opportunity for our country to meet national
energy goals by improving aging and inefficient buildings and
facilities. To help address these needs, and provide a
financial mechanism to avoid large capital outlays for Federal
agencies, Congress included ``performance contracts'' as part
of the Energy Policy Act of 1992. Energy Savings Performance
Contracts are an important and innovative tool for government
agencies to fund energy efficiency measures. This contracting
program allows energy and facility upgrades to paid for through
cost savings obtained through energy and operating
improvements. Unfortunately, not all Federal agencies are using
this program, as the program is considered cumbersome to
utilize. Agencies need to promote and leverage the flexibility
of this program and recognize the distinctions between this
contracting program and traditional contracting programs. In
addition, there needs to be additional education of senior
level Federal managers about this program. Like many Federal
programs, we have learned that ``one size does not fit all'',
and in addition the program is complex which adds to the costs.
It is hoped that the thorough expedited review required to be
conducted by the Secretary of Energy will identify obstacles
and barriers to use of the program by Federal agencies, and
that changes will allow the program to be more accessible and
implemented more fully.
Section 104. Federal agency participation in demand reduction programs
This section would encourage federal agencies to
participate in State and regional demand side reduction
programs.
TITLE II--FEDERAL FLEETS
Section 201. Waivers of alternative fueled vehicle fueling requirement
This section would restate the requirement that federal
dual fuel vehicles be run on the alternative fuel rather than
gasoline. This section also would authorize the Secretary of
Energy to waive this requirement for federal vehicles located
in particular geographic areas if the alternative fuel is not
reasonably available or the alternative fuel is cost
prohibitive.
In determining whether an alternative fuel is cost
prohibitive, both the per-gallon (or gallon-equivalent) price,
as well as the energy content of the alternative fuel, should
be considered.
Section 202. Study on reducing petroleum consumption
This section would task the Administrator of General
Services, in cooperation with the Secretary of Energy, to
conduct a study to consider the merits of establishing
performance measures to guide the reduction of petroleum
consumption by federal fleets.
Section 203. Hybrid vehicles
This section would permit federal agencies to count
acquisitions of future technology vehicles, such as fuel-
efficient hybrid electric vehicles or other vehicles, such as
fuel cell vehicles, as defined by the Secretary, against
alternative fuel vehicle acquisition targets. It also would
restrict the use of dual fuel or bifuel vehicles in meeting
agencies' alternative fuel vehicle acquisition targets where an
agency is currently operating such vehicles on gasoline
pursuant to a waiver under section 201, provided that future
technology vehicles are available to the agency. The Committee
understands that in many instances agencies acquire dual fuel
vehicles to meet the alternative fuel vehicle acquisition
requirements, but then run the vehicles on gasoline. This
defeats the purposes of the requirement to promote the
development and use of alternative vehicles, fuels, and
infrastructure, and to reduce the use of gasoline. This section
further would direct that the incremental cost of alternative
fuel and future technology vehicles be distributed across the
fleet of vehicles acquired. This section would include a
definition of qualified hybrid motor vehicle to ensure that the
federal government promotes development of advanced vehicles
that not only use hybrid or other advanced technologies but
also achieve significant reductions in air emissions and oil
use, compared to otherwise available vehicles.
TITLE III--FEDERAL PROCUREMENT
Section 301. Procurement of energy efficient products
This section would require agency heads to purchase
products that meet the energy efficiency criteria established
by either the Energy Star program or the Federal Energy
Management Program of the Department of Energy, unless the
approved product is not reasonably available or is cost
prohibitive.
Section 302. Increased use of recovered mineral components in federally
funded projects involving procurement of cement and concrete
This section would establish guidelines intended to
increase agencies' use of recovered mineral components in
cement or concrete projects (recycled cement and concrete).
This section also would require the Administrator of the
Environmental Protection Agency to conduct a study of the
energy savings benefits of these procurement requirements.
Section 303. Participation of small business concerns
This section would encourage sponsors of the Alaska
pipeline project to maximize, to the maximum extent
practicable, small businesses in contracting work. It would
also authorize a GAO study on the use of small businesses in
the pipeline project.
Section 304. Amendment to the Buy Indian Act
This section would permit agencies to purchase Indian
energy products and energy by-products.
Section 305. Buy American
This section would provide a sense of the Congress that no
purchases of supplies should be made from persons or entities
found in violation of the Buy American Act.
TITLE IV--FEDERAL WORKERS
Section 401. Telecommuting study
This section would task the Secretary with initiating a
study of the energy conservation implications of telecommuting
by federal employees.
Section 402. Elimination of pension offset
This section would allow the Nuclear Regulatory Commission
to re-hire former employees that have critical skills without
reducing the employees' annuity payments as a result of the re-
employment.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIONAL ENERGY CONSERVATION POLICY ACT
* * * * * * *
TITLE V--FEDERAL ENERGY INITIATIVES
* * * * * * *
part 3--federal energy management
Sec. 541. Findings.
* * * * * * *
Sec. 552. Federal procurement of energy efficient products.
* * * * * * *
TITLE V--FEDERAL ENERGY INITIATIVE
* * * * * * *
PART 3--FEDERAL ENERGY MANAGEMENT
* * * * * * *
SEC. 543. ENERGY MANAGEMENT REQUIREMENTS.
(a) Energy Performance Requirement for Federal Buildings.--
(1) Subject to paragraph (2), each agency shall apply energy
conservation measures to, and shall improve the design for the
construction of, [its Federal buildings so that the energy
consumption per gross square foot of its Federal buildings in
use during the fiscal year 1995 is at least 10 percent less
than the energy consumption per gross square foot of its
Federal buildings in use during the fiscal year 1985 and so
that the energy consumption per gross square foot of its
Federal buildings in use during the fiscal year 2000 is at
least 20 percent less than the energy consumption per gross
square foot of its Federal buildings in use during fiscal year
1985.] the Federal buildings of the agency (including each
industrial or laboratory facility) so that the energy
consumption per gross square foot of the Federal buildings of
the agency in fiscal years 2004 through 2013 is reduced, as
compared with the energy consumption per gross square foot of
the Federal buildings of the agency in fiscal year 2001, by the
percentage specified in the following table:
Fiscal Year Percentage reduction
2004.................................................. 2
2005.................................................. 4
2006.................................................. 6
2007.................................................. 8
2008.................................................. 10
2009.................................................. 12
2010.................................................. 14
2011.................................................. 16
2012.................................................. 18
20. 2013..................................................
* * * * * * *
(3) Not later than December 31, 2012, the Secretary shall
review the results of the implementation of the energy
performance requirement established under paragraph (1) and
submit to Congress recommendations concerning energy
performance requirements for fiscal years 2014 through 2023.
* * * * * * *
(c) Exclusions.--(1) [An agency may exclude, from the energy
consumption requirements for the year 2000 established under
subsection (a) and the requirements of subsection (b)(1), any
Federal building or collection of Federal buildings, and the
associated energy consumption and gross square footage, if the
head of such agency finds that compliance with such
requirements would be impractical. A finding of
impracticability shall be based on the energy intensiveness of
activities carried out in such Federal buildings or collection
of Federal buildings, the type and amount of energy consumed,
the technical feasibility of making the desired changes, and,
in the cases of the Departments of Defense and Energy, the
unique character of certain facilities operated by such
Departments.](A) An agency may exclude, from the energy
performance requirement for a fiscal year established under
subsection (a) and the energy management requirement
established under subsection (b), any Federal building or
collection of Federal buildings, if the head of the agency
finds that--
(i) compliance with those requirements would be
impracticable;
(ii) the agency has completed and submitted all
federally required energy management reports;
(iii) the agency has achieved compliance with the
energy efficiency requirements of this Act, the Energy
Policy Act of 1992, Executive Orders, and other Federal
law; and
(iv) the agency has implemented all practicable, life
cycle cost-effective projects with respect to the
Federal building or collection of Federal buildings to
be excluded.
(B) A finding of impracticability under subparagraph (A)(i)
shall be based on--
(i) the energy intensiveness of activities carried
out in the Federal building or collection of Federal
buildings; or
(ii) the fact that the Federal building or collection
of Federal buildings is used in the performance of a
national security function.
(2) Each agency shall identify and list, in each report made
under section 548(a), the Federal buildings designated by it
for such exclusion. The Secretary shall review such findings
for consistency with the [impracticability] standards for
exclusion set forth in paragraph (1), and may within 90 days
after receipt of the findings, reverse [a finding of
impracticability] the exclusion. Inthe case of any such
reversal, the agency shall comply with the energy consumption
requirements for the building concerned.
(3) Not later than 180 days after the date of enactment of
this paragraph, the Secretary shall issue guidelines that
establish criteria for exclusions under paragraph (1).
* * * * * * *
(e) Metering of Energy Use.--
(1) Deadline.--By October 1, 2010, in accordance with
guidelines established by the Secretary under paragraph
(2), all Federal buildings shall, for the purposes of
efficient use of energy and reduction in the cost of
electricity used in such buildings, be metered or
submetered. Each agency shall use, to the maximum
extent practicable, advanced meters or advanced
metering devices that provide data at least daily and
that measure at least hourly consumption of electricity
in the Federal buildings of the agency. Such data shall
be incorporated into existing Federal energy tracking
systems and made available to Federal facility energy
managers.
(2) Guidelines.--
(A) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Secretary, in consultation with the
Department of Defense, the General Services
Administration, representatives from the
metering industry, utility industry, energy
services industry, energy efficiency industry,
national laboratories, universities, and
Federal facility energy managers, shall
establish guidelines for agencies to carry out
paragraph (1).
(B) Requirements for guidelines.--The
guidelines shall--
(i) take into consideration--
(I) the cost of metering and
submetering and the reduced
cost of operation and
maintenance expected to result
from metering and submetering;
(II) the extent to which
metering and submetering are
expected to result in increased
potential for energy
management, increased potential
for energy savings and energy
efficiency improvement, and
cost and energy savings due to
utility contract aggregation;
and
(III) the measurement and
verification protocols of the
Department of Energy;
(ii) include recommendations
concerning the amount of funds and the
number of trained personnel necessary
to gather and use the metering
information to track and reduce energy
use;
(iii) establish priorities for types
and locations of buildings to be
metered and submetered based on cost-
effectiveness and a schedule of one or
more dates, not later than 1 year after
the date of issuance of the guidelines,
on which the requirements specified in
paragraph (1) shall take effect; and
(iv) establish exclusions from the
requirements specified in paragraph (1)
based on the de minimis quantity of
energy use of a Federal building,
industrial process, or structure.
(3) Plan.--No later than 6 months after the date
guidelines are established under paragraph (2), in a
report submitted by the agency under section 548(a),
each agency shall submit to the Secretary a plan
describing how the agency will implement the
requirements of paragraph (1), including (A) how the
agency will designate personnel primarily responsible
for achieving the requirements and (B) demonstration by
the agency, complete with documentation, of any finding
that advanced meters or advanced metering devices, as
defined in paragraph (1), are not practicable.
* * * * * * *
SEC. 546. INCENTIVES FOR AGENCIES.
(a) * * *
* * * * * * *
(c) Utility Incentive Programs.--(1) * * *
* * * * * * *
(6) Federal agencies are encouraged to participate in State
or regional demand side reduction programs. The availability of
such programs, including measures employing onsite generation,
and the savings resulting from such participation, should be
included in the evaluation of energy options for Federal
facilities.
* * * * * * *
(e) Retention of Energy Savings.--An agency may retain any
funds appropriated to that agency for energy expenditures, at
buildings subject to the requirements of section 543(a) and
(b), that are not made because of energy savings. Except as
otherwise provided by law, such funds may be used only for
energy efficiency or unconventional and renewable energy
resources projects.
* * * * * * *
SEC. 548. REPORTS.
(a) * * *
(b) Reports to the President and Congress.--The Secretary
shall report, not later than April 2 of each year, with respect
to each fiscal year beginning after the date of the enactment
of this subsection, to the President and Congress--
(1) * * *
* * * * * * *
SEC. 550. SURVEY OF ENERGY SAVING POTENTIAL.
(a) * * *
* * * * * * *
(d) Report.--As soon as practicable after the completion of
the project carried out under this section, the Secretary shall
transmit a report of the findings and conclusions of the
project to the Committee on Energy and Natural Resources and
the Committee on Governmental Affairs of the Senate, the
Committee on Energy and Commerce, the Committee on Government
Operations, and the Committee on Public Works and
Transportation of the House ofRepresentatives, and the agencies
who own the buildings involved in such project. Such report shall
include an analysis of the probability of each agency achieving [the 20
percent reduction goal established under section 543(a) of the National
Energy Conservation Policy Act (42 U.S.C. 8253(a)).] each of the energy
reduction goals established under section 543(a).
* * * * * * *
SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
(a) Definitions.--In this section:
(1) Energy star product.--The term ``Energy Star
product'' means a product that is rated for energy
efficiency under an Energy Star program.
(2) Energy star program.--The term ``Energy Star
program'' means the program established by section 324A
of the Energy Policy and Conservation Act.
(3) Executive agency.--The term ``executive agency''
has the meaning given the term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C.
403).
(4) FEMP designated product.--The term ``FEMP
designated product'' means a product that is designated
under the Federal Energy Management Program of the
Department of Energy as being among the highest 25
percent of equivalent products for energy efficiency.
(b) Procurement of Energy Efficient Products.--
(1) Requirement.--To meet the requirements of an
executive agency for an energy consuming product, the
head of the executive agency shall, except as provided
in paragraph (2), procure--
(A) an Energy Star product; or
(B) a FEMP designated product.
(2) Exceptions.--The head of an executive agency is
not required to procure an Energy Star product or FEMP
designated product under paragraph (1) if the head of
the executive agency finds in writing that--
(A) an Energy Star product or FEMP designated
product is not cost-effective over the life of
the product taking energy cost savings into
account; or
(B) no Energy Star product or FEMP designated
product is reasonably available that meets the
functional requirements of the executive
agency.
(3) Procurement planning.--The head of an executive
agency shall incorporate into the specifications for
all procurements involving energy consuming products
and systems, including guide specifications, project
specifications, and construction, renovation, and
services contracts that include provision of energy
consuming products and systems, and into the factors
for the evaluation of offers received for the
procurement, criteria for energy efficiency that are
consistent with the criteria used for rating Energy
Star products and for rating FEMP designated products.
(c) Listing of Energy Efficient Products in Federal
Catalogs.--Energy Star products and FEMP designated products
shall be clearly identified and prominently displayed in any
inventory or listing of products by the General Services
Administration or the Defense Logistics Agency. The General
Services Administration or the Defense Logistics Agency shall
supply only Energy Star products or FEMP designated products
for all product categories covered by the Energy Star program
or the Federal Energy Management Program, except in cases where
the agency ordering a product specifies in writing that no
Energy Star product or FEMP designated product is available to
meet the buyer's functional requirements, or that no Energy
Star product or FEMP designated product is cost-effective for
the intended application over the life of the product, taking
energy cost savings into account.
(d) Designation of Electric Motors.--In the case of electric
motors of 1 to 500 horsepower, agencies shall select only
premium efficient motors that meet a standard designated by the
Secretary. The Secretary shall designate such a standard within
120 days after the date of the enactment of this section, after
considering the recommendations of associated electric motor
manufacturers and energy efficiency groups.
(e) Regulations.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall issue
guidelines to carry out this section.
* * * * * * *
TITLE VIII--ENERGY SAVINGS PERFORMANCE CONTRACTS
SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.
(a) In General.--(1) * * *
* * * * * * *
(3)(A) In the case of an energy savings contract or energy
savings performance contract providing for energy savings
through the construction and operation of one or more buildings
or facilities to replace one or more existing buildings or
facilities, benefits ancillary to the purpose of such contract
under paragraph (1) may include savings resulting from reduced
costs of operation and maintenance at such replacement
buildings or facilities when compared with costs of operation
and maintenance at the buildings or facilities being replaced,
established through a methodology set forth in the contract.
(B) Notwithstanding paragraph (2)(B), aggregate annual
payments by an agency under an energy savings contract or
energy savings performance contract referred to in subparagraph
(A) may take into account (through the procedures developed
pursuant to this section) savings resulting from reduced costs
of operation and maintenance as described in that subparagraph.
* * * * * * *
[(c) Sunset and Reporting Requirements.--The authority to
enter into new contracts under this section shall cease to be
effective on October 1, 2003.]
* * * * * * *
SEC. 804. DEFINITIONS.
For purposes of this title, the following definitions apply:
(1) * * *
[(2) The term ``energy savings'' means a reduction in
the cost of energy, from a base cost established
through a methodology set forth in the contract,
utilized in an existing federally owned building or
buildings or other federally owned facilities as a
result of--
[(A) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services; or
[(B) the increased efficient use of existing
energy sources by cogeneration or heat
recovery, excluding any cogeneration process
for other than a federally owned building or
buildings or other federally owned facilities.
[(3) The terms ``energy savings contract'' and
``energy savings performance contract'' mean a contract
which provides for the performance of services for the
design, acquisition, installation, testing, operation,
and, where appropriate, maintenance and repair, of an
identified energy conservation measure or series of
measures at one or more locations. Such contracts--
[(A) may provide for appropriate software
licensing agreements; and
[(B) shall, with respect to an agency
facility that is a public building as such term
is defined in section 13(1) of the Public
Buildings Act of 1959 (40 U.S.C. 612(1)), be in
compliance with the prospectus requirements and
procedures of section 7 of the Public Buildings
Act of 1959 (40 U.S.C. 606).
[(4) The term ``energy conservation measures'' has
the meaning given such term in section 551(4).]
(2) The term ``energy savings'' means--
(A) a reduction in the cost of energy or
water, from a base cost established through a
methodology set forth in the contract, used in
an existing federally owned building or
buildings or other federally owned facilities
as a result of--
(i) the lease or purchase of
operating equipment, improvements,
altered operation and maintenance, or
technical services;
(ii) the increased efficient use of
existing energy sources by cogeneration
or heat recovery, excluding any
cogeneration process for other than a
federally owned building or buildings
or other federally owned facilities; or
(iii) the increased efficient use of
existing water sources; or
(B) in the case of a replacement building or
facility described in section 801(a)(3), a
reduction in the cost of energy, from a base
cost established through a methodology set
forth in the contract, that would otherwise be
utilized in one or more existing federally
owned buildings or other federally owned
facilities by reason of the construction and
operation of the replacement building or
facility.
(3) The terms ``energy savings contract'' and
``energy savings performance contract'' mean a contract
(including a utility energy services contract) which
provides for--
(A) the performance of services for the
design, acquisition, installation, testing,
operation, and, where appropriate, maintenance
and repair, of an identified energy or water
conservation measure or series of measures at
one or more locations; or
(B) energy savings through the construction
and operation of one or more buildings or
facilities to replace one or more existing
buildings or facilities.
Such contracts shall, with respect to an agency
facility that is a public building as such term is
defined in section 13(1) of the Public Buildings Act of
1959 (40 U.S.C. 612(1)), be in compliance with the
prospectus requirements and procedures of section 7 of
the Public Buildings Act of 1959 (40 U.S.C. 606).
(4) The term ``energy or water conservation measure''
means--
(A) an energy conservation measure, as
defined in section 551(4) (42 U.S.C. 8259(4));
or
(B) a water conservation measure that
improves water efficiency, is life cycle cost-
effective, and involves water conservation,
water recycling or reuse, more efficient
treatment of wastewater or stormwater,
improvements in operation or maintenance
efficiencies, retrofit activities, or other
related activities, not at a Federal
hydroelectric facility.
* * * * * * *
----------
SECTION 400AA OF THE ENERGY POLICY AND CONSERVATION ACT
SEC. 400AA. ALTERNATIVE FUEL USE BY LIGHT DUTY FEDERAL VEHICLES.
(a) Department of Energy Program.--(1) * * *
* * * * * * *
(3)(A) * * *
* * * * * * *
[(E) Dual fueled vehicles acquired pursuant to this section
shall be operated on alternative fuels unless the Secretary
determines that operation on such alternative fuels is not
feasible.]
(E)(i) Dual fueled vehicles acquired pursuant to this section
shall be operated on alternative fuels unless the Secretary
determines that an agency needs a waiver of such requirement
for vehicles in the fleet of the agency in a particular
geographic area where--
(I) the alternative fuel otherwise required to be
used in the vehicle is not reasonably available to
retail purchasers of the fuel, as certified to the
Secretary by the head of the agency; or
(II) the cost of the alternative fuel otherwise
required to be used in the vehicle is unreasonably more
expensive compared to gasoline, as certified by the
head of the agency.
(ii) The Secretary shall monitor compliance with this
subparagraph by all such fleets and shall report annually to
the Congress on the extent to which the requirements of this
subparagraph are being achieved. The report shall include
information on annual reductions achieved of petroleum-based
fuels and the problems, if any, encountered in acquiring
alternative fuels.
* * * * * * *
----------
ENERGY POLICY ACT OF 1992
* * * * * * *
TITLE III--ALTERNATIVE FUELS--GENERAL
SEC. 301. DEFINITIONS.
For purposes of this title, title IV, and title V (unless
otherwise specified)--
(1) * * *
* * * * * * *
(13) the term ``motor vehicle'' has the meaning given
such term under section 216(2) of the Clean Air Act (42
U.S.C. 7550(2)); [and]
(14) the term ``replacement fuel'' means the portion
of any motor fuel that is methanol, ethanol, or other
alcohols, natural gas, liquefied petroleum gas,
hydrogen, coal derived liquid fuels, fuels (other than
alcohol) derived from biological materials, electricity
(including electricity from solar energy), ethers, or
any other fuel the Secretary determines, by rule, is
substantially not petroleum and would yield substantial
energy security benefits and substantial environmental
benefits[.];
(15) the term ``future technology vehicle'' means,
for the fiscal years 2004 through 2009, a qualified
hybrid motor vehicle, and for fiscal years after 2009,
a vehicle--
(A) that represents emerging technology that
does not yet have substantial market
penetration;
(B) for which Federal Government acquisitions
can lead the market;
(C) that achieves significant reductions in
air emissions and oil use compared to new
vehicles that do have substantial market
penetration; and
(D) that in no event achieves reductions in
air emissions and oil use that are less than a
qualified hybrid motor vehicle,
as defined by the Secretary through guidance;
(16) the term ``qualified hybrid motor vehicle''
means a passenger automobile, light duty truck, or
medium duty passenger vehicle as defined in regulations
issued by the Administrator--
(A) which draws propulsion energy from--
(i) an internal combustion or heat
engine using combustible fuel; and
(ii) a rechargeable onboard energy
storage system which operates at no
less than 100 volts and which provides
a percentage of maximum available power
of at least 5 percent;
(B) which has received a certificate that
such vehicle meets or exceeds the Bin 5 Tier II
emission level established in regulations
prescribed by the Administrator under section
202(i) of the Clean Air Act for that make and
model year vehicle; and
(C) which achieves at least 140 percent of
the average 2002 model year city fuel economy
for passenger automobiles in the same vehicle
inertia weight class, if the vehicle is a
passenger automobile, or for light duty trucks
in the same vehicle inertia weight class, if
the vehicle is a light duty truck, or for
medium duty passenger vehicles, if the vehicle
is a medium duty passenger vehicle, as
determined by the Environmental Protection
Agency according to the following vehicle
inertia weight classes: 1,500 and 1,750 lbs
(calculated based on the 1,750 lbs weight
class), 2,000 lbs, 2,250 lbs, 2,500 lbs, 2,750
lbs, 3,000 lbs, 3,500 lbs, 4,000 lbs, 4,500
lbs, 5,000 lbs, 5,500 lbs, 6,000 lbs, 6,500
lbs, 7,000 to 8,500 lbs, and 8,500 to 10,000
lbs;
(17) the term ``percentage of maximum available
power'' means the maximum power available from the
rechargeable energy storage system, during a standard
10 second pulse power or equivalent test, divided by
the sum of such maximum power and the SAE net power of
the internal combustion or heat engine; and
(18) the term ``vehicle inertia weight class'' has
the same meaning as when defined in regulations
prescribed by the Administrator for purposes of the
administration of title II of the Clean Air Act (42
U.S.C. 7521 et seq.).
* * * * * * *
SEC. 303. MINIMUM FEDERAL FLEET REQUIREMENT.
(a) * * *
(b) Percentage Requirements.--(1) Of the total number of
vehicles acquired by a Federal fleet, at least--
(A) 25 percent in fiscal year 1996;
(B) 33 percent in fiscal year 1997;
(C) 50 percent in fiscal year 1998; and
[(D) 75 percent in fiscal year 1999 and thereafter,
shall be alternative fueled vehicles.]
(D) 75 percent in fiscal years 1999 through 2003,
shall be alternative fueled vehicles. For fiscal years 2004 and
thereafter, of the total number of vehicles acquired by a
Federal fleet, at least 75 percent shall be alternative fueled
vehicles or future technology vehicles.
* * * * * * *
(4) For the period for which a Federal fleet is operating
under the exemption provided in section 400AA(a)(3)(E) of the
Energy Policy and Conservation Act (42 U.S.C. 6374(a)(3)(E)),
and where future technology vehicles are available that would
meet the agency's operational requirements for such fleet but
the agency chooses notto acquire such vehicles, acquisitions of
dual fueled vehicles for that fleet shall not count toward satisfaction
of the requirements in this subsection.
[(c) Allocation of Incremental Costs.--The General Services
Administration and any other Federal agency that procures motor
vehicles for distribution to other Federal agencies may
allocate the incremental cost of alternative fueled vehicles
over the cost of comparable gasoline vehicles across the entire
fleet of motor vehicles distributed by such agency.]
(c) Allocation of Incremental Costs.--The General Services
Administration and any other Federal agency that procures motor
vehicles for distribution to other Federal agencies shall
allocate the incremental cost of alternative fueled vehicles
and future technology vehicles over the cost of comparable
internal combustion gasoline vehicles across the entire fleet
of motor vehicles distributed by such agency in any fiscal
year.
* * * * * * *
----------
SOLID WASTE DISPOSAL ACT
* * * * * * *
Subtitle F--Federal Responsibilities
Sec. 6001. Application of Federal, State, and local law to Federal
facilities.
* * * * * * *
Sec. 6005. Increased use of recovered mineral component in federally
funded projects involving procurement of cement or concrete.
* * * * * * *
Subtitle F--Federal Responsibilities
* * * * * * *
INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY FUNDED
PROJECTS INVOLVING PROCUREMENT OF CEMENT OR CONCRETE
Sec. 6005. (a) Definitions.--In this section:
(1) Agency head.--The term ``agency head'' means--
(A) the Secretary of Transportation; and
(B) the head of each other Federal agency
that on a regular basis procures, or provides
Federal funds to pay or assist in paying the
cost of procuring, material for cement or
concrete projects.
(2) Cement or concrete project.--The term ``cement or
concrete project'' means a project for the construction
or maintenance of a highway or other transportation
facility or a Federal, State, or local government
building or other public facility that--
(A) involves the procurement of cement or
concrete; and
(B) is carried out in whole or in part using
Federal funds.
(3) Recovered mineral component.--The term
``recovered mineral component'' means--
(A) ground granulated blast furnace slag;
(B) coal combustion fly ash; and
(C) any other waste material or byproduct
recovered or diverted from solid waste that the
Administrator, in consultation with an agency
head, determines should be treated as recovered
mineral component under this section for use in
cement or concrete projects paid for, in whole
or in part, by the agency head.
(b) Implementation of Requirements.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Administrator and
each agency head shall take such actions as are
necessary to implement fully all procurement
requirements and incentives in effect as of the date of
enactment of this section (including guidelines under
section 6002) that provide for the use of cement and
concrete incorporating recovered mineral component in
cement or concrete projects.
(2) Priority.--In carrying out paragraph (1) an
agency head shall give priority to achieving greater
use of recovered mineral component in cement or
concrete projects for which recovered mineral
components historically have not been used or have been
used only minimally.
(3) Conformance.--The Administrator and each agency
head shall carry out this subsection in accordance with
section 6002.
(c) Full Implementation Study.--
(1) In general.--The Administrator, in cooperation
with the Secretary of Transportation and the Secretary
of Energy, shall conduct a study to determine the
extent to which current procurement requirements, when
fully implemented in accordance with subsection (b),
may realize energy savings and environmental benefits
attainable with substitution of recovered mineral
component in cement used in cement or concrete
projects.
(2) Matters to be addressed.--The study shall--
(A) quantify the extent to which recovered
mineral components are being substituted for
Portland cement, particularly as a result of
current procurement requirements, and the
energy savings and environmental benefits
associated with that substitution;
(B) identify all barriers in procurement
requirements to fuller realization of energy
savings and environmental benefits, including
barriers resulting from exceptions from current
law; and
(C)(i) identify potential mechanisms to
achieve greater substitution of recovered
mineral component in types of cement or
concrete projects for which recovered mineral
components historically have not been used or
have been used only minimally;
(ii) evaluate the feasibility of establishing
guidelines or standards for optimized
substitution rates of recovered mineral
component in those cement or concrete projects;
and
(iii) identify any potential environmental or
economic effects that may result from greater
substitution of recovered mineral component in
those cement or concrete projects.
(3) Report.--Not later than 30 months after the date
of enactment of this section, the Administrator shall
submit to the Committee on Appropriations, Committee on
Environment and Public Works, and Committee on
Governmental Affairs of the Senate and the Committee on
Appropriations, Committee on Energy and Commerce,
Committee on Transportation and Infrastructure, and
Committee on Government Reform of the House of
Representatives a report on the study.
(d) Additional Procurement Requirements.--Unless the study
conducted under subsection (c) identifies any effects or other
problems described in subsection (c)(2)(C)(iii) that warrant
further review or delay, the Administrator and each agency head
shall, within 1 year of the release of the report in accordance
with subsection (c)(3), take additional actions authorized
under this Act to establish procurement requirements and
incentives that provide for the use of cement and concrete with
increased substitution of recovered mineral component in the
construction and maintenance of cement or concrete projects, so
as to--
(1) realize more fully the energy savings and
environmental benefits associated with increased
substitution; and
(2) eliminate barriers identified under subsection
(c).
(e) Effect of Section.--Nothing in this section affects the
requirements of section 6002 (including the guidelines and
specifications for implementing those requirements).
* * * * * * *
----------
SECTION 23 OF THE ACT OF JUNE 25, 1910
Chap. 431.--AN ACT To provide for determining the heirs of deceased
Indians, for the disposition and sale of allotments of deceased
Indians, for the leasing of allotments, and for other purposes.
* * * * * * *
Sec. 23. That hereafter the purchase of Indian supplies shall
be made in conformity with the requirements of section thirty-
seven hundred and nine of the Revised Statutes of the United
States: Provided, That so far as may be practicable Indian
labor shall be employed, and purchases of the products
(including, but not limited to printing, energy products, and
energy by-products, notwithstanding any other law) of Indian
industry may be made in open market in the discretion of the
Secretary of the Interior. All Acts and parts of Acts in
conflict with the provisions of this section are hereby
repealed. Participation in the Mentor-Protege Program
established under section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2301 note) or
receipt of assistance pursuant to any developmental assistance
agreement authorized under such program shall not render Indian
labor or Indian industry ineligible to receive any assistance
authorized under this section. For the purposes of the
section--
(1) * * *
* * * * * * *
----------
SECTION 161 OF THE ATOMIC ENERGY ACT OF 1954
Sec. 161. General Provisions.--In the performance of its
functions the Commission is authorized to--
a. * * *
* * * * * * *
y. exempt from the application of sections 8344 and
8468 of title 5, United States Code, an annuitant who
was formerly an employee of the Commission who is hired
by the Commission as a consultant, if the Commission
finds that the annuitant has a skill that is critical
to the performance of the duties of the Commission.