IB 

Union Calendar No. 70

108TH CONGRESS 

1ST SESSION H. R. 1346

[Report No. 108–78, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2003

Mr. TURNER of Ohio introduced the following bill; which was referred to the 

Committee on Government Reform 

APRIL 29, 2003

Reported with an amendment and referred to the Committee on Transportation and Infrastructure for a period ending not later than June 2, 

2003, for consideration of such provisions of the bill and amendment as 

fall within the jurisdiction of that committee pursuant to clause 1(q),

rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 2, 2003 

Committee on Transportation and Infrastructure discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

[For text of introduced bill, see copy of bill as introduced on March 19, 2003] 

A BILL

To amend the Office of Federal Procurement Policy Act 

to provide an additional function of the Administrator 
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for Federal Procurement Policy relating to encouraging 

Federal procurement policies that enhance energy efficiency.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Government Energy Management Improvement 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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.
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1 TITLE I—FEDERAL FACILITIES 

2 SEC. 101. ENERGY MANAGEMENT REQUIREMENTS. 

3 (a) ENERGY REDUCTION GOALS.—

4 (1) AMENDMENT.—Section 543(a)(1) of the Na5 tional Energy Conservation Policy Act (42 U.S.C. 

6 8253(a)(1)) is amended by striking ‘‘its Federal 

7 buildings so that’’ and all that follows through the 

8 end and inserting ‘‘the Federal buildings of the agen9 cy (including each industrial or laboratory facility) 

10 so that the energy consumption per gross square foot 

11 of the Federal buildings of the agency in fiscal years 

12 2004 through 2013 is reduced, as compared with the 

13 energy consumption per gross square foot of the Fed14 eral buildings of the agency in fiscal year 2001, by 

15 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.’’.

16 (2) REPORTING BASELINE.—The energy reduc17 tion goals and baseline established in paragraph (1) 

18 of section 543(a) of the National Energy Conservation 

19 Policy Act, as amended by paragraph (1) of this sub20 section, supersede all previous goals and baselines 
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1 under such paragraph, and related reporting require2 ments. 

3 (b) REVIEW AND REVISION OF ENERGY PERFORMANCE

4 REQUIREMENT.—Section 543(a) of the National Energy 

5 Conservation Policy Act (42 U.S.C. 8253(a)) is further 

6 amended by adding at the end the following: 

7 ‘‘(3) Not later than December 31, 2012, the Secretary 

8 shall review the results of the implementation of the energy 

9 performance requirement established under paragraph (1) 

10 and submit to Congress recommendations concerning en11 ergy performance requirements for fiscal years 2014 

12 through 2023.’’. 

13 (c) EXCLUSIONS.—Section 543(c)(1) of the National 

14 Energy Conservation Policy Act (42 U.S.C. 8253(c)(1)) is 

15 amended by striking ‘‘An agency may exclude’’ and all that 

16 follows through the end and inserting ‘‘(A) An agency may 

17 exclude, from the energy performance requirement for a fis18 cal year established under subsection (a) and the energy 

19 management requirement established under subsection (b), 

20 any Federal building or collection of Federal buildings, if 

21 the head of the agency finds that—

22 ‘‘(i) compliance with those requirements would 

23 be impracticable; 

24 ‘‘(ii) the agency has completed and submitted all 

25 federally required energy management reports; 
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1 ‘‘(iii) the agency has achieved compliance with 

2 the energy efficiency requirements of this Act, the En3 ergy Policy Act of 1992, Executive Orders, and other 

4 Federal law; and

5 ‘‘(iv) the agency has implemented all practicable, 

6 life cycle cost-effective projects with respect to the Fed7 eral building or collection of Federal buildings to be 

8 excluded. 

9 ‘‘(B) A finding of impracticability under subpara10 graph (A)(i) shall be based on— 

11 ‘‘(i) the energy intensiveness of activities carried 

12 out in the Federal building or collection of Federal 

13 buildings; or 

14 ‘‘(ii) the fact that the Federal building or collec15 tion of Federal buildings is used in the performance 

16 of a national security function.’’. 

17 (d) REVIEW BY SECRETARY.—Section 543(c)(2) of the 

18 National Energy Conservation Policy Act (42 U.S.C. 

19 8253(c)(2)) is amended— 

20 (1) by striking ‘‘impracticability standards’’ and 

21 inserting ‘‘standards for exclusion’’; and 

22 (2) by striking ‘‘a finding of impracticability’’ 

23 and inserting ‘‘the exclusion’’. 
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1 (e) CRITERIA.—Section 543(c) of the National Energy 

2 Conservation Policy Act (42 U.S.C. 8253(c)) is further 

3 amended by adding at the end the following: 

4 ‘‘(3) Not later than 180 days after the date of enact5 ment of this paragraph, the Secretary shall issue guidelines 

6 that establish criteria for exclusions under paragraph (1).’’. 

7 (f) RETENTION OF ENERGY SAVINGS.—Section 546 of 

8 the National Energy Conservation Policy Act (42 U.S.C. 

9 8256) is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(e) RETENTION OF ENERGY SAVINGS.—An agency 

12 may retain any funds appropriated to that agency for en13 ergy expenditures, at buildings subject to the requirements 

14 of section 543(a) and (b), that are not made because of en15 ergy savings. Except as otherwise provided by law, such 

16 funds may be used only for energy efficiency or unconven17 tional and renewable energy resources projects.’’. 

18 (g) REPORTS.—Section 548(b) of the National Energy 

19 Conservation Policy Act (42 U.S.C. 8258(b)) is amended—

20 (1) in the subsection heading, by inserting ‘‘THE

21 PRESIDENT AND’’ before ‘‘CONGRESS’’; and 

22 (2) by inserting ‘‘President and’’ before ‘‘Con23 gress’’. 

24 (h) CONFORMING AMENDMENT.—Section 550(d) of the 

25 National Energy Conservation Policy Act (42 U.S.C. 
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1 8258b(d)) is amended in the second sentence by striking 

2 ‘‘the 20 percent reduction goal established under section 

3 543(a) of the National Energy Conservation Policy Act (42 

4 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy reduc5 tion goals established under section 543(a).’’. 

6 SEC. 102. ENERGY USE MEASUREMENT AND ACCOUNT7 ABILITY. 

8 Section 543 of the National Energy Conservation Pol9 icy Act (42 U.S.C. 8253) is further amended by adding at 

10 the end the following: 

11 ‘‘(e) METERING OF ENERGY USE.—

12 ‘‘(1) DEADLINE.—By October 1, 2010, in accord13 ance with guidelines established by the Secretary 

14 under paragraph (2), all Federal buildings shall, for 

15 the purposes of efficient use of energy and reduction 

16 in the cost of electricity used in such buildings, be me17 tered or submetered. Each agency shall use, to the 

18 maximum extent practicable, advanced meters or ad19 vanced metering devices that provide data at least 

20 daily and that measure at least hourly consumption 

21 of electricity in the Federal buildings of the agency. 

22 Such data shall be incorporated into existing Federal 

23 energy tracking systems and made available to Fed24 eral facility energy managers. 

25 ‘‘(2) GUIDELINES.—
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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this sub3 section, the Secretary, in consultation with the 

4 Department of Defense, the General Services Ad5 ministration, representatives from the metering 

6 industry, utility industry, energy services indus7 try, energy efficiency industry, national labora8 tories, universities, and Federal facility energy 

9 managers, shall establish guidelines for agencies 

10 to carry out paragraph (1). 

11 ‘‘(B) REQUIREMENTS FOR GUIDELINES.—

12 The guidelines shall—

13 ‘‘(i) take into consideration—

14 ‘‘(I) the cost of metering and sub15 metering and the reduced cost of oper16 ation and maintenance expected to re17 sult from metering and submetering; 

18 ‘‘(II) the extent to which metering 

19 and submetering are expected to result 

20 in increased potential for energy man21 agement, increased potential for energy 

22 savings and energy efficiency improve23 ment, and cost and energy savings due 

24 to utility contract aggregation; and 
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1 ‘‘(III) the measurement and 

2 verification protocols of the Depart3 ment of Energy; 

4 ‘‘(ii) include recommendations con5 cerning the amount of funds and the num6 ber of trained personnel necessary to gather 

7 and use the metering information to track 

8 and reduce energy use; 

9 ‘‘(iii) establish priorities for types and 

10 locations of buildings to be metered and 

11 submetered based on cost-effectiveness and a 

12 schedule of one or more dates, not later than 

13 1 year after the date of issuance of the 

14 guidelines, on which the requirements speci15 fied in paragraph (1) shall take effect; and 

16 ‘‘(iv) establish exclusions from the re17 quirements specified in paragraph (1) based 

18 on the de minimis quantity of energy use of 

19 a Federal building, industrial process, or 

20 structure. 

21 ‘‘(3) PLAN.—No later than 6 months after the 

22 date guidelines are established under paragraph (2), 

23 in a report submitted by the agency under section 

24 548(a), each agency shall submit to the Secretary a 

25 plan describing how the agency will implement the 
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1 requirements of paragraph (1), including (A) how the 

2 agency will designate personnel primarily responsible 

3 for achieving the requirements and (B) demonstration 

4 by the agency, complete with documentation, of any 

5 finding that advanced meters or advanced metering

6 devices, as defined in paragraph (1), are not prac7 ticable.’’. 

8 SEC. 103. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

9 (a) PERMANENT EXTENSION.—Section 801(c) of the 

10 National Energy Conservation Policy Act (42 U.S.C. 

11 8287(c)) is repealed. 

12 (b) REPLACEMENT FACILITIES.—Section 801(a) of the 

13 National Energy Conservation Policy Act (42 U.S.C. 

14 8287(a)) is amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(3)(A) In the case of an energy savings contract or 

17 energy savings performance contract providing for energy 

18 savings through the construction and operation of one or 

19 more buildings or facilities to replace one or more existing 

20 buildings or facilities, benefits ancillary to the purpose of 

21 such contract under paragraph (1) may include savings re22 sulting from reduced costs of operation and maintenance 

23 at such replacement buildings or facilities when compared 

24 with costs of operation and maintenance at the buildings 
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1 or facilities being replaced, established through a method2 ology set forth in the contract. 

3 ‘‘(B) Notwithstanding paragraph (2)(B), aggregate 

4 annual payments by an agency under an energy savings 

5 contract or energy savings performance contract referred to 

6 in subparagraph (A) may take into account (through the 

7 procedures developed pursuant to this section) savings re8 sulting from reduced costs of operation and maintenance 

9 as described in that subparagraph.’’. 

10 (c) ENERGY SAVINGS.—Section 804(2) of the National 

11 Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is 

12 amended to read as follows: 

13 ‘‘(2) The term ‘energy savings’ means—

14 ‘‘(A) a reduction in the cost of energy or 

15 water, from a base cost established through a 

16 methodology set forth in the contract, used in an 

17 existing federally owned building or buildings or 

18 other federally owned facilities as a result of—

19 ‘‘(i) the lease or purchase of operating 

20 equipment, improvements, altered operation 

21 and maintenance, or technical services; 

22 ‘‘(ii) the increased efficient use of exist23 ing energy sources by cogeneration or heat 

24 recovery, excluding any cogeneration process 

25 for other than a federally owned building or 
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1 buildings or other federally owned facilities; 

2 or 

3 ‘‘(iii) the increased efficient use of ex4 isting water sources; or 

5 ‘‘(B) in the case of a replacement building 

6 or facility described in section 801(a)(3), a re7 duction in the cost of energy, from a base cost es8 tablished through a methodology set forth in the 

9 contract, that would otherwise be utilized in one 

10 or more existing federally owned buildings or 

11 other federally owned facilities by reason of the 

12 construction and operation of the replacement 

13 building or facility.’’. 

14 (d) ENERGY SAVINGS CONTRACT.—Section 804(3) of 

15 the National Energy Conservation Policy Act (42 U.S.C. 

16 8287c(3)) is amended to read as follows: 

17 ‘‘(3) The terms ‘energy savings contract’ and ‘en18 ergy savings performance contract’ mean a contract 

19 (including a utility energy services contract) which 

20 provides for—

21 ‘‘(A) the performance of services for the de22 sign, acquisition, installation, testing, operation, 

23 and, where appropriate, maintenance and re24 pair, of an identified energy or water conserva-
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1 tion measure or series of measures at one or 

2 more locations; or 

3 ‘‘(B) energy savings through the construc4 tion and operation of one or more buildings or 

5 facilities to replace one or more existing build6 ings or facilities. 

7 Such contracts shall, with respect to an agency facil8 ity that is a public building as such term is defined 

9 in section 13(1) of the Public Buildings Act of 1959 

10 (40 U.S.C. 612(1)), be in compliance with the pro11 spectus requirements and procedures of section 7 of 

12 the Public Buildings Act of 1959 (40 U.S.C. 606).’’. 

13 (e) ENERGY OR WATER CONSERVATION MEASURE.—

14 Section 804(4) of the National Energy Conservation Policy 

15 Act (42 U.S.C. 8287c(4)) is amended to read as follows: 

16 ‘‘(4) The term ‘energy or water conservation 

17 measure’ means—

18 ‘‘(A) an energy conservation measure, as de19 fined in section 551(4) (42 U.S.C. 8259(4)); or 

20 ‘‘(B) a water conservation measure that im21 proves water efficiency, is life cycle cost-effective, 

22 and involves water conservation, water recycling 

23 or reuse, more efficient treatment of wastewater 

24 or stormwater, improvements in operation or 

25 maintenance efficiencies, retrofit activities, or 
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1 other related activities, not at a Federal hydro2 electric facility.’’. 

3 (f) REVIEW.—Within 180 days after the date of the 

4 enactment of this section, the Secretary of Energy shall 

5 complete a review of the Energy Savings Performance Con6 tract program to identify statutory, regulatory, and admin7 istrative obstacles that prevent Federal agencies from fully 

8 utilizing the program. In addition, this review shall iden9 tify all areas for increasing program flexibility and effec10 tiveness, including audit and measurement verification re11 quirements, accounting for energy use in determining sav12 ings, contracting requirements, and energy efficiency serv13 ices covered. The Secretary shall report these findings to the 

14 Committees on Energy and Commerce and Government Re15 form of the House of Representatives and the Committees 

16 on Energy and Natural Resources and Governmental Af17 fairs of the Senate, and shall implement identified adminis18 trative and regulatory changes to increase program flexi19 bility and effectiveness to the extent that such changes are 

20 consistent with statutory authority. 

21 SEC. 104. FEDERAL AGENCY PARTICIPATION IN DEMAND 

22 REDUCTION PROGRAMS. 

23 Section 546(c) of the National Energy Conservation 

24 Policy Act (42 U.S.C. 8256(c)) is amended by adding at 

25 the end of the following new paragraph: 
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1 ‘‘(6) Federal agencies are encouraged to participate in 

2 State or regional demand side reduction programs. The 

3 availability of such programs, including measures employ4 ing onsite generation, and the savings resulting from such 

5 participation, should be included in the evaluation of en6 ergy options for Federal facilities.’’.

7 TITLE II—FEDERAL FLEETS 

8 SEC. 201. WAIVERS OF ALTERNATIVE FUELED VEHICLE 

9 FUELING REQUIREMENT. 

10 Section 400AA(a)(3)(E) of the Energy Policy and 

11 Conservation Act (42 U.S.C. 6374(a)(3)(E)) is amended to 

12 read as follows: 

13 ‘‘(E)(i) Dual fueled vehicles acquired pursuant to this 

14 section shall be operated on alternative fuels unless the Sec15 retary determines that an agency needs a waiver of such 

16 requirement for vehicles in the fleet of the agency in a par17 ticular geographic area where—

18 ‘‘(I) the alternative fuel otherwise required to be 

19 used in the vehicle is not reasonably available to re20 tail purchasers of the fuel, as certified to the Sec21 retary by the head of the agency; or 

22 ‘‘(II) the cost of the alternative fuel otherwise re23 quired to be used in the vehicle is unreasonably more 

24 expensive compared to gasoline, as certified by the 

25 head of the agency. 
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1 ‘‘(ii) The Secretary shall monitor compliance with this 

2 subparagraph by all such fleets and shall report annually 

3 to the Congress on the extent to which the requirements of 

4 this subparagraph are being achieved. The report shall in5 clude information on annual reductions achieved of petro6 leum-based fuels and the problems, if any, encountered in 

7 acquiring alternative fuels.’’. 

8 SEC. 202. STUDY ON REDUCING PETROLEUM CONSUMP9 TION. 

10 (a) IN GENERAL.—The Administrator of General 

11 Services, in cooperation with the Secretary of Energy, shall 

12 conduct a study to consider the merits of establishing per13 formance measures to guide the reduction of petroleum con14 sumption by Federal fleets. 

15 (b) MATTERS TO BE ADDRESSED.—The study shall 

16 assess the feasibility of performance measures—

17 (1) to enable agency and congressional decision18 makers to establish annual and long-term perform19 ance goals to define the level of petroleum consump20 tion reduction to be achieved by Federal fleets; 

21 (2) to improve the effectiveness and account22 ability of Federal efforts to reduce petroleum con23 sumption and dependency; 
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1 (3) to enhance decisionmaking by providing ob2 jective information on achieving performance objec3 tives; and 

4 (4) to provide an alternative to the mandated al5 ternative fueled vehicle requirements in section 303 of 

6 the Energy Policy Act of 1992 (42 U.S.C. 13212). 

7 (c) REPORT.—Not later than 12 months after the date 

8 of enactment of this Act, the Administrator shall submit 

9 to the Committees on Environment and Public Works and 

10 Governmental Affairs of the Senate and the Committees on 

11 Energy and Commerce and Government Reform of the 

12 House of Representatives a report on the study. 

13 SEC. 203. HYBRID VEHICLES. 

14 (a) IN GENERAL.—Section 303(b)(1) of the Energy 

15 Policy Act of 1992 (42 U.S.C. 13212(b)(1)) is amended by 

16 striking subparagraph (D) and the matter after subpara17 graph (D) and inserting the following: 

18 ‘‘(D) 75 percent in fiscal years 1999 through 

19 2003, 

20 shall be alternative fueled vehicles. For fiscal years 2004 

21 and thereafter, of the total number of vehicles acquired by 

22 a Federal fleet, at least 75 percent shall be alternative fueled 

23 vehicles or future technology vehicles.’’. 

24 (b) EXEMPTION.—Such section 303(b) is further 

25 amended by adding at the end the following new paragraph: 
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1 ‘‘(4) For the period for which a Federal fleet is oper2 ating under the exemption provided in section 

3 400AA(a)(3)(E) of the Energy Policy and Conservation Act 

4 (42 U.S.C. 6374(a)(3)(E)), and where future technology ve5 hicles are available that would meet the agency’s oper6 ational requirements for such fleet but the agency chooses 

7 not to acquire such vehicles, acquisitions of dual fueled vehi8 cles for that fleet shall not count toward satisfaction of the 

9 requirements in this subsection.’’. 

10 (c) DEFINITION.—Section 301 of such Act is amend11 ed—

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (13); 

14 (2) by striking the period at the end of para15 graph (14) and by inserting a semicolon; and 

16 (3) by adding at the end the following: 

17 ‘‘(15) the term ‘future technology vehicle’ means, 

18 for the fiscal years 2004 through 2009, a qualified hy19 brid motor vehicle, and for fiscal years after 2009, a 

20 vehicle—

21 ‘‘(A) that represents emerging technology 

22 that does not yet have substantial market pene23 tration; 

24 ‘‘(B) for which Federal Government acquisi25 tions can lead the market; 
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1 ‘‘(C) that achieves significant reductions in 

2 air emissions and oil use compared to new vehi3 cles that do have substantial market penetration; 

4 and 

5 ‘‘(D) that in no event achieves reductions in 

6 air emissions and oil use that are less than a 

7 qualified hybrid motor vehicle, 

8 as defined by the Secretary through guidance; 

9 ‘‘(16) the term ‘qualified hybrid motor vehicle’ 

10 means a passenger automobile, light duty truck, or 

11 medium duty passenger vehicle as defined in regula12 tions issued by the Administrator—

13 ‘‘(A) which draws propulsion energy from—

14 ‘‘(i) an internal combustion or heat en15 gine using combustible fuel; and 

16 ‘‘(ii) a rechargeable onboard energy 

17 storage system which operates at no less 

18 than 100 volts and which provides a per19 centage of maximum available power of at 

20 least 5 percent; 

21 ‘‘(B) which has received a certificate that 

22 such vehicle meets or exceeds the Bin 5 Tier II 

23 emission level established in regulations pre24 scribed by the Administrator under section 
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1 202(i) of the Clean Air Act for that make and 

2 model year vehicle; and 

3 ‘‘(C) which achieves at least 140 percent of 

4 the average 2002 model year city fuel economy 

5 for passenger automobiles in the same vehicle in6 ertia weight class, if the vehicle is a passenger 

7 automobile, or for light duty trucks in the same 

8 vehicle inertia weight class, if the vehicle is a 

9 light duty truck, or for medium duty passenger 

10 vehicles, if the vehicle is a medium duty pas11 senger vehicle, as determined by the Environ12 mental Protection Agency according to the fol13 lowing vehicle inertia weight classes: 1,500 and 

14 1,750 lbs (calculated based on the 1,750 lbs 

15 weight class), 2,000 lbs, 2,250 lbs, 2,500 lbs, 

16 2,750 lbs, 3,000 lbs, 3,500 lbs, 4,000 lbs, 4,500 

17 lbs, 5,000 lbs, 5,500 lbs, 6,000 lbs, 6,500 lbs, 

18 7,000 to 8,500 lbs, and 8,500 to 10,000 lbs; 

19 ‘‘(17) the term ‘percentage of maximum available 

20 power’ means the maximum power available from the 

21 rechargeable energy storage system, during a standard 

22 10 second pulse power or equivalent test, divided by 

23 the sum of such maximum power and the SAE net 

24 power of the internal combustion or heat engine; and 
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1 ‘‘(18) the term ‘vehicle inertia weight class’ has 

2 the same meaning as when defined in regulations pre3 scribed by the Administrator for purposes of the ad4 ministration of title II of the Clean Air Act (42 

5 U.S.C. 7521 et seq.).’’.

6 (d) ALLOCATION OF INCREMENTAL COSTS.—Sub7 section (c) of such section 303 is amended to read as follows: 

8 ‘‘(c) ALLOCATION OF INCREMENTAL COSTS.—The Gen9 eral Services Administration and any other Federal agency 

10 that procures motor vehicles for distribution to other Fed11 eral agencies shall allocate the incremental cost of alter12 native fueled vehicles and future technology vehicles over the 

13 cost of comparable internal combustion gasoline vehicles 

14 across the entire fleet of motor vehicles distributed by such 

15 agency in any fiscal year.’’. 

16 TITLE III—FEDERAL 

17 PROCUREMENT 

18 SEC. 301. PROCUREMENT OF ENERGY EFFICIENT PROD19 UCTS. 

20 (a) REQUIREMENTS.—Part 3 of title V of the National 

21 Energy Conservation Policy Act is amended by adding at 

22 the end the following: 

23 ‘‘SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT 

24 PRODUCTS. 

25 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) ENERGY STAR PRODUCT.—The term ‘En2 ergy Star product’ means a product that is rated for 

3 energy efficiency under an Energy Star program. 

4 ‘‘(2) ENERGY STAR PROGRAM.—The term ‘En5 ergy Star program’ means the program established by 

6 section 324A of the Energy Policy and Conservation 

7 Act. 

8 ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 

9 agency’ has the meaning given the term in section 4 

10 of the Office of Federal Procurement Policy Act (41 

11 U.S.C. 403). 

12 ‘‘(4) FEMP DESIGNATED PRODUCT.—The term 

13 ‘FEMP designated product’ means a product that is 

14 designated under the Federal Energy Management 

15 Program of the Department of Energy as being 

16 among the highest 25 percent of equivalent products 

17 for energy efficiency. 

18 ‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD19 UCTS.— 

20 ‘‘(1) REQUIREMENT.—To meet the requirements 

21 of an executive agency for an energy consuming prod22 uct, the head of the executive agency shall, except as 

23 provided in paragraph (2), procure—

24 ‘‘(A) an Energy Star product; or 

25 ‘‘(B) a FEMP designated product. 
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1 ‘‘(2) EXCEPTIONS.—The head of an executive 

2 agency is not required to procure an Energy Star 

3 product or FEMP designated product under para4 graph (1) if the head of the executive agency finds in 

5 writing that— 

6 ‘‘(A) an Energy Star product or FEMP des7 ignated product is not cost-effective over the life 

8 of the product taking energy cost savings into ac9 count; or 

10 ‘‘(B) no Energy Star product or FEMP des11 ignated product is reasonably available that 

12 meets the functional requirements of the executive 

13 agency. 

14 ‘‘(3) PROCUREMENT PLANNING.—The head of an 

15 executive agency shall incorporate into the specifica16 tions for all procurements involving energy con17 suming products and systems, including guide speci18 fications, project specifications, and construction, ren19 ovation, and services contracts that include provision 

20 of energy consuming products and systems, and into 

21 the factors for the evaluation of offers received for the 

22 procurement, criteria for energy efficiency that are 

23 consistent with the criteria used for rating Energy 

24 Star products and for rating FEMP designated prod25 ucts. 
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1 ‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN

2 FEDERAL CATALOGS.—Energy Star products and FEMP 

3 designated products shall be clearly identified and promi4 nently displayed in any inventory or listing of products 

5 by the General Services Administration or the Defense Lo6 gistics Agency. The General Services Administration or the 

7 Defense Logistics Agency shall supply only Energy Star 

8 products or FEMP designated products for all product cat9 egories covered by the Energy Star program or the Federal 

10 Energy Management Program, except in cases where the 

11 agency ordering a product specifies in writing that no En12 ergy Star product or FEMP designated product is available 

13 to meet the buyer’s functional requirements, or that no En14 ergy Star product or FEMP designated product is cost-effec15 tive for the intended application over the life of the product, 

16 taking energy cost savings into account. 

17 ‘‘(d) DESIGNATION OF ELECTRIC MOTORS.—In the 

18 case of electric motors of 1 to 500 horsepower, agencies shall 

19 select only premium efficient motors that meet a standard 

20 designated by the Secretary. The Secretary shall designate 

21 such a standard within 120 days after the date of the enact22 ment of this section, after considering the recommendations 

23 of associated electric motor manufacturers and energy effi24 ciency groups. 
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1 ‘‘(e) REGULATIONS.—Not later than 180 days after the 

2 date of the enactment of this section, the Secretary shall 

3 issue guidelines to carry out this section.’’. 

4 (b) CONFORMING AMENDMENT.—The table of contents 

5 in section 1(b) of the National Energy Conservation Policy 

6 Act (42 U.S.C. 8201 note) is amended by inserting after 

7 the item relating to section 551 the following:

‘‘Sec. 552. Federal procurement of energy efficient products.’’.

8 SEC. 302. INCREASED USE OF RECOVERED MINERAL COM9 PONENT IN FEDERALLY FUNDED PROJECTS 

10 INVOLVING PROCUREMENT OF CEMENT OR 

11 CONCRETE. 

12 (a) AMENDMENT.—Subtitle F of the Solid Waste Dis13 posal Act (42 U.S.C. 6961 et seq.) is amended by adding 

14 at the end the following new section: 

15 ‘‘INCREASED USE OF RECOVERED MINERAL COMPONENT IN

16 FEDERALLY FUNDED PROJECTS INVOLVING PROCURE17 MENT OF CEMENT OR CONCRETE

18 ‘‘SEC. 6005. (a) DEFINITIONS.—In this section: 

19 ‘‘(1) AGENCY HEAD.—The term ‘agency head’ 

20 means—

21 ‘‘(A) the Secretary of Transportation; and 

22 ‘‘(B) the head of each other Federal agency 

23 that on a regular basis procures, or provides 

24 Federal funds to pay or assist in paying the cost 
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1 of procuring, material for cement or concrete 

2 projects. 

3 ‘‘(2) CEMENT OR CONCRETE PROJECT.—The 

4 term ‘cement or concrete project’ means a project for 

5 the construction or maintenance of a highway or 

6 other transportation facility or a Federal, State, or

7 local government building or other public facility 

8 that—

9 ‘‘(A) involves the procurement of cement or 

10 concrete; and 

11 ‘‘(B) is carried out in whole or in part 

12 using Federal funds. 

13 ‘‘(3) RECOVERED MINERAL COMPONENT.—The 

14 term ‘recovered mineral component’ means—

15 ‘‘(A) ground granulated blast furnace slag; 

16 ‘‘(B) coal combustion fly ash; and 

17 ‘‘(C) any other waste material or byproduct 

18 recovered or diverted from solid waste that the 

19 Administrator, in consultation with an agency 

20 head, determines should be treated as recovered 

21 mineral component under this section for use in 

22 cement or concrete projects paid for, in whole or 

23 in part, by the agency head. 

24 ‘‘(b) IMPLEMENTATION OF REQUIREMENTS.—
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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this section, the Adminis3 trator and each agency head shall take such actions 

4 as are necessary to implement fully all procurement 

5 requirements and incentives in effect as of the date of 

6 enactment of this section (including guidelines under 

7 section 6002) that provide for the use of cement and 

8 concrete incorporating recovered mineral component 

9 in cement or concrete projects. 

10 ‘‘(2) PRIORITY.—In carrying out paragraph (1) 

11 an agency head shall give priority to achieving great12 er use of recovered mineral component in cement or 

13 concrete projects for which recovered mineral compo14 nents historically have not been used or have been 

15 used only minimally. 

16 ‘‘(3) CONFORMANCE.—The Administrator and 

17 each agency head shall carry out this subsection in 

18 accordance with section 6002. 

19 ‘‘(c) FULL IMPLEMENTATION STUDY.—

20 ‘‘(1) IN GENERAL.—The Administrator, in co21 operation with the Secretary of Transportation and 

22 the Secretary of Energy, shall conduct a study to de23 termine the extent to which current procurement re24 quirements, when fully implemented in accordance 

25 with subsection (b), may realize energy savings and 
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1 environmental benefits attainable with substitution of 

2 recovered mineral component in cement used in ce3 ment or concrete projects. 

4 ‘‘(2) MATTERS TO BE ADDRESSED.—The study 

5 shall—

6 ‘‘(A) quantify the extent to which recovered 

7 mineral components are being substituted for 

8 Portland cement, particularly as a result of cur9 rent procurement requirements, and the energy 

10 savings and environmental benefits associated 

11 with that substitution; 

12 ‘‘(B) identify all barriers in procurement 

13 requirements to fuller realization of energy sav14 ings and environmental benefits, including bar15 riers resulting from exceptions from current law; 

16 and 

17 ‘‘(C)(i) identify potential mechanisms to 

18 achieve greater substitution of recovered mineral 

19 component in types of cement or concrete projects 

20 for which recovered mineral components histori21 cally have not been used or have been used only 

22 minimally; 

23 ‘‘(ii) evaluate the feasibility of establishing 

24 guidelines or standards for optimized substi-
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1 tution rates of recovered mineral component in 

2 those cement or concrete projects; and 

3 ‘‘(iii) identify any potential environmental 

4 or economic effects that may result from greater 

5 substitution of recovered mineral component in 

6 those cement or concrete projects. 

7 ‘‘(3) REPORT.—Not later than 30 months after 

8 the date of enactment of this section, the Adminis9 trator shall submit to the Committee on Appropria10 tions, Committee on Environment and Public Works, 

11 and Committee on Governmental Affairs of the Senate 

12 and the Committee on Appropriations, Committee on 

13 Energy and Commerce, Committee on Transportation 

14 and Infrastructure, and Committee on Government 

15 Reform of the House of Representatives a report on 

16 the study. 

17 ‘‘(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—

18 Unless the study conducted under subsection (c) identifies 

19 any effects or other problems described in subsection 

20 (c)(2)(C)(iii) that warrant further review or delay, the Ad21 ministrator and each agency head shall, within 1 year of 

22 the release of the report in accordance with subsection 

23 (c)(3), take additional actions authorized under this Act to 

24 establish procurement requirements and incentives that pro25 vide for the use of cement and concrete with increased sub-
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1 stitution of recovered mineral component in the construc2 tion and maintenance of cement or concrete projects, so as 

3 to—

4 ‘‘(1) realize more fully the energy savings and 

5 environmental benefits associated with increased sub6 stitution; and 

7 ‘‘(2) eliminate barriers identified under sub8 section (c). 

9 ‘‘(e) EFFECT OF SECTION.—Nothing in this section af10 fects the requirements of section 6002 (including the guide11 lines and specifications for implementing those require12 ments).’’. 

13 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

14 contents of the Solid Waste Disposal Act is amended by 

15 adding after the item relating to section 6004 the following 

16 new item:

‘‘Sec. 6005. Increased use of recovered mineral component in federally funded 

projects involving procurement of cement or concrete.’’.

17 SEC. 303. PARTICIPATION OF SMALL BUSINESS CONCERNS. 

18 (a) SENSE OF CONGRESS.—It is the sense of Congress 

19 that an Alaska natural gas transportation project will pro20 vide significant economic benefits to the United States and 

21 Canada. In order to maximize those benefits, Congress urges 

22 the sponsors of the pipeline project to maximize, to the max23 imum extent practicable, the participation of small business 
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1 concerns in contracts and subcontracts awarded in carrying 

2 out the project. 

3 (b) STUDY.—

4 (1) IN GENERAL.—The Comptroller General shall 

5 conduct a study on the extent to which small business 

6 concerns participate in the construction of oil and gas 

7 pipelines in the United States. 

8 (2) REPORT.—Not later that 1 year after the 

9 date of enactment of this Act, the Comptroller General

10 shall transmit to Congress a report containing the re11 sults of the study. 

12 (3) UPDATES.—The Comptroller General shall 

13 update the study at least once every 5 years and 

14 transmit to Congress a report containing the results 

15 of the update. 

16 (4) APPLICABILITY.—After the date of completion 

17 of the construction of an Alaska natural gas transpor18 tation project, this subsection shall no longer apply. 

19 (c) SMALL BUSINESS CONCERN DEFINED.—In this 

20 section, the term ‘‘small business concern’’ has the meaning 

21 given such term in section 3(a) of the Small Business Act 

22 (15 U.S.C. 632(a)). 

23 SEC. 304. AMENDMENT TO BUY INDIAN ACT. 

24 Section 23 of the Act of June 25, 1910 (25 U.S.C. 47; 

25 commonly known as the ‘‘Buy Indian Act’’) is amended by 
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1 inserting ‘‘energy products, and energy by-products,’’ after 

2 ‘‘printing,’’. 

3 SEC. 305. BUY AMERICAN. 

4 It is the sense of Congress that no purchase of supplies, 

5 other than for the construction, alteration, or repair of any 

6 public building or public work in the United States, should 

7 be made from a person or entity found in violation of a 

8 certificate provided by the person or entity pursuant to the 

9 Buy American Act (41 U.S.C. 10a–10c). 

10 TITLE IV—FEDERAL WORKERS 

11 SEC. 401. TELECOMMUTING STUDY. 

12 (a) STUDY REQUIRED.—The Secretary, in consulta13 tion with the Commission, the Director of the Office of Per14 sonnel Management, the Administrator of General Services, 

15 and the Administrator of NTIA, shall conduct a study of 

16 the energy conservation implications of the widespread 

17 adoption of telecommuting by Federal employees in the 

18 United States. 

19 (b) REQUIRED SUBJECTS OF STUDY.—The study re20 quired by subsection (a) shall analyze the following subjects 

21 in relation to the energy saving potential of telecommuting 

22 by Federal employees: 

23 (1) Reductions of energy use and energy costs in 

24 commuting and regular office heating, cooling, and 

25 other operations. 
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1 (2) Other energy reductions accomplished by tele2 commuting. 

3 (3) Existing regulatory barriers that hamper 

4 telecommuting, including barriers to broadband tele5 communications services deployment. 

6 (4) Collateral benefits to the environment, family 

7 life, and other values. 

8 (c) REPORT REQUIRED.—The Secretary shall submit 

9 to the President and the Congress a report on the study 

10 required by this section not later than 6 months after the 

11 date of the enactment of this Act. Such report shall include 

12 a description of the results of the analysis of each of the 

13 subject described in subsection (b). 

14 (d) DEFINITIONS.—As used in this section: 

15 (1) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Energy. 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Communications Commission. 

19 (3) NTIA.—The term ‘‘NTIA’’ means the Na20 tional Telecommunications and Information Admin21 istration of the Department of Commerce. 

22 (4) TELECOMMUTING.—The term ‘‘telecom23 muting’’ means the performance of work functions 

24 using communications technologies, thereby elimi-
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1 nating or substantially reducing the need to commute 

2 to and from traditional worksites. 

3 (5) FEDERAL EMPLOYEE.—The term ‘‘Federal 

4 employee’’ has the meaning provided the term ‘‘em5 ployee’’ by section 2105 of title 5, United States Code. 

6 SEC. 402. ELIMINATION OF PENSION OFFSET. 

7 Section 161 of the Atomic Energy Act of 1954 (42 

8 U.S.C. 2201) is amended by adding at the end the following: 

9 ‘‘y. exempt from the application of sections 8344 

10 and 8468 of title 5, United States Code, an annuitant 

11 who was formerly an employee of the Commission 

12 who is hired by the Commission as a consultant, if 

13 the Commission finds that the annuitant has a skill 

14 that is critical to the performance of the duties of the 

15 Commission.’’.

Union Calendar No. 70

108TH CONGRESS 

1ST SESSION H. R. 1346

[Report No. 108–78, Part I] 

A BILL

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. 

JUNE 2, 2003

Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed