I 

109TH CONGRESS 

1ST SESSION H. R. 1533

To ensure jobs for our future with secure and reliable energy. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2005

Mr. TOM DAVIS of Virginia (for himself and Mr. WAXMAN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Government Reform, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To ensure jobs for our future with secure and reliable energy.

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 Energy Management Improvement Act of 

6 2005’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—ENERGY EFFICIENCY 
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Sec. 102. Energy management requirements. 

Sec. 104. Procurement of energy efficient products. 

Sec. 105. Energy Savings Performance Contracts. 

TITLE II—RENEWABLE ENERGY 

Sec. 203. Federal purchase requirement. 

TITLE VI—NUCLEAR MATTERS 

Sec. 624. Elimination of pension offset. 

Sec. 632. Whistleblower protection. 

TITLE VII—VEHICLES AND FUELS 

Sec. 701. Use of alternative fuels by dual-fueled vehicles. 

Sec. 704. Incremental cost allocation. 

Sec. 707. Report concerning compliance with alternative fueled vehicle purchasing requirements. 

TITLE X—DEPARTMENT OF ENERGY MANAGEMENT 

Sec. 1001. Additional Assistant Secretary position. 

Sec. 1002. Other transactions authority. 

TITLE XVI—STUDIES 

Sec. 1606. Telecommuting study.

1 TITLE I—ENERGY EFFICIENCY 

2 SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 

3 (a) ENERGY REDUCTION GOALS.—

4 (1) AMENDMENT.—Section 543(a)(1) of the 

5 National 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 

9 agency (including each industrial or laboratory facil10 ity) so that the energy consumption per gross square 

11 foot of the Federal buildings of the agency in fiscal 

12 years 2006 through 2015 is reduced, as compared 

13 with the energy consumption per gross square foot 
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1 of the Federal buildings of the agency in fiscal year 

2 2003, by the percentage specified in the following 

3 table:

‘‘Fiscal Year Percentage reduction 

2006 ................................................................................................... 2

2007 ................................................................................................... 4

2008 ................................................................................................... 6

2009 ................................................................................................... 8

2010 ................................................................................................... 10

2011 ................................................................................................... 12

2012 ................................................................................................... 14

2013 ................................................................................................... 16

2014 ................................................................................................... 18

2015 ................................................................................................... 20.’’.

4 (2) REPORTING BASELINE.—The energy reduc5 tion goals and baseline established in paragraph (1) 

6 of section 543(a) of the National Energy Conserva7 tion Policy Act (42 U.S.C. 8253(a)(1)), as amended 

8 by this subsection, supersede all previous goals and 

9 baselines under such paragraph, and related report10 ing requirements. 

11 (b) REVIEW AND REVISION OF ENERGY PERFORM12 ANCE REQUIREMENT.—Section 543(a) of the National 

13 Energy Conservation Policy Act (42 U.S.C. 8253(a)) is 

14 further amended by adding at the end the following: 

15 ‘‘(3) Not later than December 31, 2014, the Sec16 retary shall review the results of the implementation of 

17 the energy performance requirement established under 

18 paragraph (1) and submit to Congress recommendations 

19 concerning energy performance requirements for fiscal 

20 years 2016 through 2025.’’. 
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1 (c) EXCLUSIONS.—Section 543(c)(1) of the National 

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

3 is amended by striking ‘‘An agency may exclude’’ and all 

4 that follows through the end and inserting ‘‘(A) An agency 

5 may exclude, from the energy performance requirement 

6 for a fiscal year established under subsection (a) and the 

7 energy management requirement established under sub8 section (b), any Federal building or collection of Federal 

9 buildings, if the head of the agency finds that—

10 ‘‘(i) compliance with those requirements would 

11 be impracticable; 

12 ‘‘(ii) the agency has completed and submitted 

13 all federally required energy management reports; 

14 ‘‘(iii) the agency has achieved compliance with 

15 the energy efficiency requirements of this Act, the 

16 Energy Policy Act of 1992, Executive orders, and 

17 other Federal law; and 

18 ‘‘(iv) the agency has implemented all prac19 ticable, life cycle cost-effective projects with respect 

20 to the Federal building or collection of Federal 

21 buildings to be excluded. 

22 ‘‘(B) A finding of impracticability under subpara23 graph (A)(i) shall be based on—
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1 ‘‘(i) the energy intensiveness of activities car2 ried out in the Federal building or collection of Fed3 eral buildings; or 

4 ‘‘(ii) the fact that the Federal building or col5 lection of Federal buildings is used in the perform6 ance of a national security function.’’. 

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

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

9 8253(c)(2)) is amended—

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

11 inserting ‘‘standards for exclusion’’; 

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

13 and inserting ‘‘the exclusion’’; and 

14 (3) by striking ‘‘energy consumption require15 ments’’ and inserting ‘‘requirements of subsections 

16 (a) and (b)(1)’’. 

17 (e) CRITERIA.—Section 543(c) of the National En18 ergy Conservation Policy Act (42 U.S.C. 8253(c)) is fur19 ther amended by adding at the end the following: 

20 ‘‘(3) Not later than 180 days after the date of enact21 ment of this paragraph, the Secretary shall issue guide22 lines that establish criteria for exclusions under paragraph 

23 (1).’’. 

24 (f) RETENTION OF ENERGY AND WATER SAVINGS.—

25 Section 546 of the National Energy Conservation Policy 
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1 Act (42 U.S.C. 8256) is amended by adding at the end 

2 the following new subsection: 

3 ‘‘(e) RETENTION OF ENERGY AND WATER SAV4 INGS.—An agency may retain any funds appropriated to 

5 that agency for energy expenditures, water expenditures, 

6 or wastewater treatment expenditures, at buildings subject 

7 to the requirements of section 543(a) and (b), that are 

8 not made because of energy savings or water savings. Ex9 cept as otherwise provided by law, such funds may be used 

10 only for energy efficiency, water conservation, or uncon11 ventional and renewable energy resources projects.’’. 

12 (g) REPORTS.—Section 548(b) of the National En13 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

14 amended—

15 (1) in the subsection heading, by inserting 

16 ‘‘THE PRESIDENT AND’’ before ‘‘CONGRESS’’; and 

17 (2) by inserting ‘‘President and’’ before ‘‘Con18 gress’’. 

19 (h) CONFORMING AMENDMENT.—Section 550(d) of 

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

21 8258b(d)) is amended in the second sentence by striking 

22 ‘‘the 20 percent reduction goal established under section 

23 543(a) of the National Energy Conservation Policy Act 

24 (42 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy 

25 reduction goals established under section 543(a).’’. 
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1 SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD2 UCTS. 

3 (a) REQUIREMENTS.—Part 3 of title V of the Na4 tional Energy Conservation Policy Act (42 U.S.C. 8251 

5 et seq.), as amended by section 101, is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI8 CIENT PRODUCTS. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) ENERGY STAR PRODUCT.—The term ‘En11 ergy Star product’ means a product that is rated for 

12 energy efficiency under an Energy Star program. 

13 ‘‘(2) ENERGY STAR PROGRAM.—The term ‘En14 ergy Star program’ means the program established 

15 by section 324A of the Energy Policy and Conserva16 tion Act. 

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

18 agency’ has the meaning given the term in section 

19 4 of the Office of Federal Procurement Policy Act 

20 (41 U.S.C. 403). 

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

22 ‘FEMP designated product’ means a product that is 

23 designated under the Federal Energy Management 

24 Program of the Department of Energy as being 

25 among the highest 25 percent of equivalent products 

26 for energy efficiency. 
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1 ‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD2 UCTS.—

3 ‘‘(1) REQUIREMENT.—To meet the require4 ments of an executive agency for an energy con5 suming product, the head of the executive agency 

6 shall, except as provided in paragraph (2), procure—

7 ‘‘(A) an Energy Star product; or 

8 ‘‘(B) a FEMP designated product. 

9 ‘‘(2) EXCEPTIONS.—The head of an executive 

10 agency is not required to procure an Energy Star 

11 product or FEMP designated product under para12 graph (1) if the head of the executive agency finds 

13 in writing that—

14 ‘‘(A) an Energy Star product or FEMP 

15 designated product is not cost-effective over the 

16 life of the product taking energy cost savings 

17 into account; or 

18 ‘‘(B) no Energy Star product or FEMP 

19 designated product is reasonably available that 

20 meets the functional requirements of the execu21 tive agency. 

22 ‘‘(3) PROCUREMENT PLANNING.—The head of 

23 an executive agency shall incorporate into the speci24 fications for all procurements involving energy con25 suming products and systems, including guide speci-
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1 fications, project specifications, and construction, 

2 renovation, and services contracts that include provi3 sion of energy consuming products and systems, and 

4 into the factors for the evaluation of offers received 

5 for the procurement, criteria for energy efficiency 

6 that are consistent with the criteria used for rating 

7 Energy Star products and for rating FEMP des8 ignated products. 

9 ‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN

10 FEDERAL CATALOGS.—Energy Star products and FEMP 

11 designated products shall be clearly identified and promi12 nently displayed in any inventory or listing of products 

13 by the General Services Administration or the Defense Lo14 gistics Agency. The General Services Administration or 

15 the Defense Logistics Agency shall supply only Energy 

16 Star products or FEMP designated products for all prod17 uct categories covered by the Energy Star program or the 

18 Federal Energy Management Program, except in cases 

19 where the agency ordering a product specifies in writing 

20 that no Energy Star product or FEMP designated product 

21 is available to meet the buyer’s functional requirements, 

22 or that no Energy Star product or FEMP designated 

23 product is cost-effective for the intended application over 

24 the life of the product, taking energy cost savings into ac25 count. 
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1 ‘‘(d) SPECIFIC PRODUCTS.—(1) In the case of elec2 tric motors of 1 to 500 horsepower, agencies shall select 

3 only premium efficient motors that meet a standard des4 ignated by the Secretary. The Secretary shall designate 

5 such a standard not later than 120 days after the date 

6 of the enactment of this section, after considering the rec7 ommendations of associated electric motor manufacturers 

8 and energy efficiency groups. 

9 ‘‘(2) All Federal agencies are encouraged to take ac10 tions to maximize the efficiency of air conditioning and 

11 refrigeration equipment, including appropriate cleaning 

12 and maintenance, including the use of any system treat13 ment or additive that will reduce the electricity consumed 

14 by air conditioning and refrigeration equipment. Any such 

15 treatment or additive must be—

16 ‘‘(A) determined by the Secretary to be effective 

17 in increasing the efficiency of air conditioning and 

18 refrigeration equipment without having an adverse 

19 impact on air conditioning performance (including 

20 cooling capacity) or equipment useful life; 

21 ‘‘(B) determined by the Administrator of the 

22 Environmental Protection Agency to be environ23 mentally safe; and 

24 ‘‘(C) shown to increase seasonal energy effi25 ciency ratio (SEER) or energy efficiency ratio 
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1 (EER) when tested by the National Institute of 

2 Standards and Technology according to Department 

3 of Energy test procedures without causing any ad4 verse impact on the system, system components, the 

5 refrigerant or lubricant, or other materials in the 

6 system. 

7 Results of testing described in subparagraph (C) shall be 

8 published in the Federal Register for public review and 

9 comment. For purposes of this section, a hardware device 

10 or primary refrigerant shall not be considered an additive. 

11 ‘‘(e) REGULATIONS.—Not later than 180 days after 

12 the date of the enactment of this section, the Secretary 

13 shall issue guidelines to carry out this section.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents of the National Energy Conservation Policy Act is 

16 further amended by inserting after the item relating to 

17 section 552 the following new item:

‘‘Sec. 553. Federal procurement of energy efficient products.’’.

18 SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

19 (a) LIMITATIONS.—

20 (1) IN GENERAL.—Section 801(a) of the Na21 tional Energy Conservation Policy Act (42 U.S.C. 

22 8287(a)) is amended by adding at the end the fol23 lowing subparagraph: 

24 ‘‘(E) All Federal agencies combined may not, after 

25 the date of enactment of the Energy Policy Act of 2005, 
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1 enter into more than a total of 100 contracts under this 

2 title. Payments made by the Federal Government under 

3 all contracts permitted by this subparagraph combined 

4 shall not exceed a total of $500,000,000. Each Federal 

5 agency shall appoint a coordinator for Energy Savings 

6 Performance Contracts with the responsibility to monitor 

7 the number of such contracts for that Federal agency and 

8 the investment value of each contract. The coordinators 

9 for each Federal agency shall meet monthly to ensure that 

10 the limits specified in this subparagraph on the number 

11 of contracts and the payments made for the contracts are 

12 not exceeded.’’. 

13 (2) DEFINITION.—Section 804(1) of the Na14 tional Energy Conservation Policy Act (42 U.S.C. 

15 8287c(1)) is amended to read as follows: 

16 ‘‘(1) The term ‘Federal agency’ means the De17 partment of Defense, the Department of Veterans 

18 Affairs, and the Department of Energy. ’’. 

19 (3) VALIDITY OF CONTRACTS.—The amend20 ments made by this subsection shall not affect the 

21 validity of contracts entered into under title VIII of 

22 the National Energy Conservation Policy Act (42 

23 U.S.C. 8287 et seq.) before the date of enactment 

24 of this Act, or of contracts described in subsection 

25 (h). 
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1 (b) PERMANENT EXTENSION.—Effective October 1, 

2 2006, section 801(c) of the National Energy Conservation 

3 Policy Act (42 U.S.C. 8287(c)) is repealed. 

4 (c) PAYMENT OF COSTS.—Section 802 of the Na5 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

6 is amended by inserting ‘‘, water, or wastewater treat7 ment’’ after ‘‘payment of energy’’. 

8 (d) ENERGY SAVINGS.—Section 804(2) of the Na9 tional Energy Conservation Policy Act (42 U.S.C. 

10 8287c(2)) is amended to read as follows: 

11 ‘‘(2) The term ‘energy savings’ means a reduc12 tion in the cost of energy, water, or wastewater 

13 treatment, from a base cost established through a 

14 methodology set forth in the contract, used in an ex15 isting federally owned building or buildings or other 

16 federally owned facilities as a result of—

17 ‘‘(A) the lease or purchase of operating 

18 equipment, improvements, altered operation and 

19 maintenance, or technical services; 

20 ‘‘(B) the increased efficient use of existing 

21 energy sources by cogeneration or heat recov22 ery, excluding any cogeneration process for 

23 other than a federally owned building or build24 ings or other federally owned facilities; or 
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1 ‘‘(C) the increased efficient use of existing 

2 water sources in either interior or exterior ap3 plications.’’. 

4 (e) ENERGY SAVINGS CONTRACT.—Section 804(3) of 

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

6 8287c(3)) is amended to read as follows: 

7 ‘‘(3) The terms ‘energy savings contract’ and 

8 ‘energy savings performance contract’ mean a con9 tract that provides for the performance of services 

10 for the design, acquisition, installation, testing, and, 

11 where appropriate, operation, maintenance, and re12 pair, of an identified energy or water conservation 

13 measure or series of measures at 1 or more loca14 tions. Such contracts shall, with respect to an agen15 cy facility that is a public building (as such term is 

16 defined in section 3301 of title 40, United States 

17 Code), be in compliance with the prospectus require18 ments and procedures of section 3307 of title 40, 

19 United States Code.’’. 

20 (f) ENERGY OR WATER CONSERVATION MEASURE.—

21 Section 804(4) of the National Energy Conservation Pol22 icy Act (42 U.S.C. 8287c(4)) is amended to read as fol23 lows: 

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

25 measure’ means—
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1 ‘‘(A) an energy conservation measure, as 

2 defined in section 551; or 

3 ‘‘(B) a water conservation measure that 

4 improves the efficiency of water use, is life-cycle 

5 cost-effective, and involves water conservation, 

6 water recycling or reuse, more efficient treat7 ment of wastewater or stormwater, improve8 ments in operation or maintenance efficiencies, 

9 retrofit activities, or other related activities, not 

10 at a Federal hydroelectric facility.’’. 

11 (g) REVIEW.—Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary of Energy shall 

13 complete a review of the Energy Savings Performance 

14 Contract program to identify statutory, regulatory, and 

15 administrative obstacles that prevent Federal agencies 

16 from fully utilizing the program. In addition, this review 

17 shall identify all areas for increasing program flexibility 

18 and effectiveness, including audit and measurement 

19 verification requirements, accounting for energy use in de20 termining savings, contracting requirements, including the 

21 identification of additional qualified contractors, and en22 ergy efficiency services covered. The Secretary shall report 

23 these findings to Congress and shall implement identified 

24 administrative and regulatory changes to increase pro-
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1 gram flexibility and effectiveness to the extent that such 

2 changes are consistent with statutory authority. 

3 (h) EXTENSION OF AUTHORITY.—Any energy sav4 ings performance contract entered into under section 801 

5 of the National Energy Conservation Policy Act (42 

6 U.S.C. 8287) after October 1, 2006, and before the date 

7 of enactment of this Act, shall be deemed to have been 

8 entered into pursuant to such section 801 as amended by 

9 subsection (a) of this section. 

10 TITLE II—RENEWABLE ENERGY 

11 SEC. 203. FEDERAL PURCHASE REQUIREMENT. 

12 (a) REQUIREMENT.—The President, acting through 

13 the Secretary of Energy, shall seek to ensure that, to the 

14 extent economically feasible and technically practicable, of 

15 the total amount of electric energy the Federal Govern16 ment consumes during any fiscal year, the following 

17 amounts shall be renewable energy: 

18 (1) Not less than 3 percent in fiscal years 2007 

19 through 2009. 

20 (2) Not less than 5 percent in fiscal years 2010 

21 through 2012. 

22 (3) Not less than 7.5 percent in fiscal year 

23 2013 and each fiscal year thereafter. 

24 (b) DEFINITIONS.—In this section: 
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1 (1) BIOMASS.—The term ‘‘biomass’’ means any 

2 solid, nonhazardous, cellulosic material that is de3 rived from—

4 (A) any of the following forest-related re5 sources: mill residues, precommercial thinnings, 

6 slash, and brush, or nonmerchantable material; 

7 (B) solid wood waste materials, including 

8 waste pallets, crates, dunnage, manufacturing 

9 and construction wood wastes (other than pres10 sure-treated, chemically-treated, or painted 

11 wood wastes), and landscape or right-of-way 

12 tree trimmings, but not including municipal 

13 solid waste (garbage), gas derived from the bio14 degradation of solid waste, or paper that is 

15 commonly recycled; 

16 (C) agriculture wastes, including orchard 

17 tree crops, vineyard, grain, legumes, sugar, and 

18 other crop by-products or residues, and live19 stock waste nutrients; or 

20 (D) a plant that is grown exclusively as a 

21 fuel for the production of electricity. 

22 (2) RENEWABLE ENERGY.—The term ‘‘renew23 able energy’’ means electric energy generated from 

24 solar, wind, biomass, landfill gas, geothermal, munic25 ipal solid waste, or new hydroelectric generation ca-
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1 pacity achieved from increased efficiency or addi2 tions of new capacity at an existing hydroelectric 

3 project. 

4 (c) CALCULATION.—For purposes of determining 

5 compliance with the requirement of this section, the 

6 amount of renewable energy shall be doubled if—

7 (1) the renewable energy is produced and used 

8 on-site at a Federal facility; 

9 (2) the renewable energy is produced on Fed10 eral lands and used at a Federal facility; or 

11 (3) the renewable energy is produced on Indian 

12 land as defined in title XXVI of the Energy Policy 

13 Act of 1992 (25 U.S.C. 3501 et. seq.) and used at 

14 a Federal facility. 

15 (d) REPORT.—Not later than April 15, 2007, and 

16 every 2 years thereafter, the Secretary of Energy shall 

17 provide a report to Congress on the progress of the Fed18 eral Government in meeting the goals established by this 

19 section. 

20 TITLE VI—NUCLEAR MATTERS 

21 SEC. 624. ELIMINATION OF PENSION OFFSET. 

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

23 U.S.C. 2201) is amended by adding at the end the fol24 lowing: 
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1 ‘‘y. Exempt from the application of sections 8344 and 

2 8468 of title 5, United States Code, an annuitant who was 

3 formerly an employee of the Commission who is hired by 

4 the Commission as a consultant, if the Commission finds 

5 that the annuitant has a skill that is critical to the per6 formance of the duties of the Commission.’’. 

7 SEC. 632. WHISTLEBLOWER PROTECTION. 

8 (a) DEFINITION OF EMPLOYER.—Section 211(a)(2) 

9 of the Energy Reorganization Act of 1974 (42 U.S.C. 

10 5851(a)(2)) is amended—

11 (1) in subparagraph (C), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (D), by striking the period 

14 at the end and inserting ‘‘; and’’ and 

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

16 ‘‘(E) a contractor or subcontractor of the 

17 Commission.’’. 

18 (b) DE NOVO REVIEW.—Subsection (b) of such sec19 tion 211 is amended by adding at the end the following 

20 new paragraph: 

21 ‘‘(4) If the Secretary has not issued a final de22 cision within 540 days after the filing of a complaint 

23 under paragraph (1), and there is no showing that 

24 such delay is due to the bad faith of the person 

25 seeking relief under this paragraph, such person 
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1 may bring an action at law or equity for de novo re2 view in the appropriate district court of the United 

3 States, which shall have jurisdiction over such an ac4 tion without regard to the amount in controversy.’’. 

5 TITLE VII—VEHICLES AND 

6 FUELS 

7 SEC. 701. USE OF ALTERNATIVE FUELS BY DUAL-FUELED 

8 VEHICLES. 

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

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

11 to read as follows: 

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

13 section shall be operated on alternative fuels unless the 

14 Secretary determines that an agency qualifies for a waiver 

15 of such requirement for vehicles operated by the agency 

16 in a particular geographic area in which—

17 ‘‘(I) the alternative fuel otherwise required to 

18 be used in the vehicle is not reasonably available to 

19 retail purchasers of the fuel, as certified to the Sec20 retary by the head of the agency; or 

21 ‘‘(II) the cost of the alternative fuel otherwise 

22 required to be used in the vehicle is unreasonably 

23 more expensive compared to gasoline, as certified to 

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

2 this subparagraph by all such fleets and shall report annu3 ally to Congress on the extent to which the requirements 

4 of this subparagraph are being achieved. The report shall 

5 include information on annual reductions achieved from 

6 the use of petroleum-based fuels and the problems, if any, 

7 encountered in acquiring alternative fuels.’’. 

8 SEC. 704. INCREMENTAL COST ALLOCATION. 

9 Section 303(c) of the Energy Policy Act of 1992 (42 

10 U.S.C. 13212(c)) is amended by striking ‘‘may’’ and in11 serting ‘‘shall’’. 

12 SEC. 707. REPORT CONCERNING COMPLIANCE WITH AL13 TERNATIVE FUELED VEHICLE PURCHASING 

14 REQUIREMENTS. 

15 Section 310(b)(1) of the Energy Policy Act of 1992 

16 (42 U.S.C. 13218(b)(1)) is amended by striking ‘‘1 year 

17 after the date of enactment of this subsection’’ and insert18 ing ‘‘February 15, 2006’’. 

19 TITLE X—DEPARTMENT OF 

20 ENERGY MANAGEMENT 

21 SEC. 1001. ADDITIONAL ASSISTANT SECRETARY POSITION. 

22 (a) ADDITIONAL ASSISTANT SECRETARY POSITION

23 TO ENABLE IMPROVED MANAGEMENT OF NUCLEAR EN24 ERGY ISSUES.—
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1 (1) IN GENERAL.—Section 203(a) of the De2 partment of Energy Organization Act (42 U.S.C. 

3 7133(a)) is amended by striking ‘‘six Assistant Sec4 retaries’’ and inserting ‘‘7 Assistant Secretaries’’. 

5 (2) SENSE OF CONGRESS.—It is the sense of 

6 Congress that the leadership for departmental mis7 sions in nuclear energy should be at the Assistant 

8 Secretary level. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

10 (1) TITLE 5.—Section 5315 of title 5, United 

11 States Code, is amended by striking ‘‘Assistant Sec12 retaries of Energy (6)’’ and inserting ‘‘Assistant 

13 Secretaries of Energy (7)’’. 

14 (2) DEPARTMENT OF ENERGY ORGANIZATION

15 ACT.—The table of contents for the Department of 

16 Energy Organization Act (42 U.S.C. 7101 note) is 

17 amended—

18 (A) by striking ‘‘Section 209’’ and insert19 ing ‘‘Sec. 209’’; 

20 (B) by striking ‘‘213.’’ and inserting ‘‘Sec. 

21 213.’’; 

22 (C) by striking ‘‘214.’’ and inserting ‘‘Sec. 

23 214.’’; 

24 (D) by striking ‘‘215.’’ and inserting ‘‘Sec. 

25 215.’’; and 
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1 (E) by striking ‘‘216.’’ and inserting ‘‘Sec. 

2 216.’’. 

3 SEC. 1002. OTHER TRANSACTIONS AUTHORITY. 

4 Section 646 of the Department of Energy Organiza5 tion Act (42 U.S.C. 7256) is amended by adding at the 

6 end the following: 

7 ‘‘(g)(1) In addition to other authorities granted to the 

8 Secretary under law, the Secretary may enter into other 

9 transactions on such terms as the Secretary may deem 

10 appropriate in furtherance of research, development, or 

11 demonstration functions vested in the Secretary. Such 

12 other transactions shall not be subject to the provisions 

13 of section 9 of the Federal Nonnuclear Energy Research 

14 and Development Act of 1974 (42 U.S.C. 5908) or section 

15 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182). 

16 ‘‘(2)(A) The Secretary shall ensure that—

17 ‘‘(i) to the maximum extent the Secretary de18 termines practicable, no transaction entered into 

19 under paragraph (1) provides for research, develop20 ment, or demonstration that duplicates research, de21 velopment, or demonstration being conducted under 

22 existing projects carried out by the Department; 

23 ‘‘(ii) to the extent the Secretary determines 

24 practicable, the funds provided by the Government 

25 under a transaction authorized by paragraph (1) do 
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1 not exceed the total amount provided by other par2 ties to the transaction; and 

3 ‘‘(iii) to the extent the Secretary determines 

4 practicable, competitive, merit-based selection proce5 dures shall be used when entering into transactions 

6 under paragraph (1). 

7 ‘‘(B) A transaction authorized by paragraph (1) may 

8 be used for a research, development, or demonstration 

9 project only if the Secretary makes a written determina10 tion that the use of a standard contract, grant, or coopera11 tive agreement for the project is not feasible or appro12 priate. 

13 ‘‘(3)(A) The Secretary shall protect from disclosure, 

14 including disclosure under section 552 of title 5, United 

15 States Code, for up to 5 years after the date the informa16 tion is received by the Secretary—

17 ‘‘(i) a proposal, proposal abstract, and sup18 porting documents submitted to the Department in 

19 a competitive or noncompetitive process having the 

20 potential for resulting in an award under paragraph 

21 (1) to the party submitting the information; and 

22 ‘‘(ii) a business plan and technical information 

23 relating to a transaction authorized by paragraph 

24 (1) submitted to the Department as confidential 

25 business information. 
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1 ‘‘(B) The Secretary may protect from disclosure, for 

2 up to 5 years after the information was developed, any 

3 information developed pursuant to a transaction under 

4 paragraph (1) which developed information is of a char5 acter that it would be protected from disclosure under sec6 tion 552(b)(4) of title 5, United States Code, if obtained 

7 from a person other than a Federal agency. 

8 ‘‘(4) Not later than 90 days after the date of enact9 ment of this subsection, the Secretary shall prescribe 

10 guidelines for using other transactions authorized by para11 graph (1). Such guidelines shall be published in the Fed12 eral Register for public comment under rulemaking proce13 dures of the Department. 

14 ‘‘(5) The authority of the Secretary under this sub15 section may be delegated only to an officer of the Depart16 ment who is appointed by the President by and with the 

17 advice and consent of the Senate and may not be delegated 

18 to any other person. 

19 ‘‘(6)(A) Not later than September 31, 2006, the 

20 Comptroller General of the United States shall report to 

21 Congress on the Department’s use of the authorities 

22 granted under this section, including the ability to attract 

23 nontraditional government contractors and whether addi24 tional safeguards are needed with respect to the use of 

25 such authorities. 
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1 ‘‘(B) In this section, the term ‘nontraditional Govern2 ment contractor’ has the same meaning as the term ‘non3 traditional defense contractor’ as defined in section 845(e) 

4 of the National Defense Authorization Act for Fiscal Year 

5 1994 (Public Law 103–160; 10 U.S.C. 2371 note).’’. 

6 TITLE XVI—STUDIES 

7 SEC. 1606. TELECOMMUTING STUDY. 

8 (a) STUDY REQUIRED.—The Secretary, in consulta9 tion with the Commission, the Director of the Office of 

10 Personnel Management, the Administrator of General 

11 Services, and the Administrator of NTIA, shall conduct 

12 a study of the energy conservation implications of the 

13 widespread adoption of telecommuting by Federal employ14 ees in the United States. 

15 (b) REQUIRED SUBJECTS OF STUDY.—The study re16 quired by subsection (a) shall analyze the following sub17 jects in relation to the energy saving potential of telecom18 muting by Federal employees: 

19 (1) Reductions of energy use and energy costs 

20 in commuting and regular office heating, cooling, 

21 and other operations. 

22 (2) Other energy reductions accomplished by 

23 telecommuting. 
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1 (3) Existing regulatory barriers that hamper 

2 telecommuting, including barriers to broadband tele3 communications services deployment. 

4 (4) Collateral benefits to the environment, fam5 ily life, and other values. 

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

7 to the President and Congress a report on the study re8 quired by this section not later than 6 months after the 

9 date of enactment of this Act. Such report shall include 

10 a description of the results of the analysis of each of the 

11 subject described in subsection (b). 

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

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

14 the Secretary of Energy. 

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

16 means the Federal Communications Commission. 

17 (3) NTIA.—The term ‘‘NTIA’’ means the Na18 tional Telecommunications and Information Admin19 istration of the Department of Commerce. 

20 (4) TELECOMMUTING.—The term ‘‘telecom21 muting’’ means the performance of work functions 

22 using communications technologies, thereby elimi23 nating or substantially reducing the need to com24 mute to and from traditional worksites. 
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1 (5) FEDERAL EMPLOYEE.—The term ‘‘Federal 

2 employee’’ has the meaning provided the term ‘‘em3 ployee’’ by section 2105 of title 5, United States 

4 Code.

Æ