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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1346 Reported in House (RH)]

                                                  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 Trans-
portation 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 for Federal Procurement Policy 
   relating to encouraging Federal procurement policies that enhance 
                           energy efficiency.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``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 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).''.
    (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 subject 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.''.

                                                  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
```