SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Energy policy.
DIVISION A—ENERGY AND COMMERCE
Sec. 10001. Short title.
TITLE I—ENERGY CONSERVATION
Subtitle A—Federal Leadership in Energy Conservation
Sec. 11001. Energy and water saving measures in congressional buildings.
Sec. 11002. Energy management requirements.
Sec. 11003. Energy use measurement and accountability.
Sec. 11004. Federal building performance standards.
Sec. 11005. Procurement of energy efficient products.
Sec. 11006. Energy savings performance contracts.
Sec. 11007. Voluntary commitments to reduce industrial energy intensity.
Sec. 11008. Federal agency participation in demand reduction programs.
Sec. 11009. Advanced Building Efficiency Testbed.
Sec. 11010. Increased use of recovered mineral component in federally funded
projects involving procurement of cement or concrete.
Sec. 11011. Use of photovoltaic energy in public buildings.
Sec. 11012. Telecommuting study.
Subtitle B—Energy Assistance and State Programs
Sec. 11021. LIHEAP and weatherization assistance.
Sec. 11022. State energy programs.
Sec. 11023. Energy efficient appliance rebate programs.
Sec. 11024. Energy efficient public buildings.
Sec. 11025. Low income community energy efficiency pilot program.
Subtitle C—Energy Efficient Products
Sec. 11041. Energy Star program.
Sec. 11042. Consumer education on energy efficiency benefits of air condi-
tioning, heating, and ventilation maintenance.
Sec. 11043. Additional definitions.
Sec. 11044. Additional test procedures.
Sec. 11045. Energy conservation standards for additional consumer and com-
mercial products.
Sec. 11046. Energy labeling.
Sec. 11047. Study of energy efficiency standards.
TITLE II—OIL AND GAS
Subtitle A—Alaska Natural Gas Pipeline
Sec. 12001. Short title.
Sec. 12002. Findings and purposes.
Sec. 12003. Definitions.
Sec. 12004. Issuance of certificate of public convenience and necessity.
Sec. 12005. Environmental reviews.
Sec. 12006. Pipeline expansion.
Sec. 12007. Federal Coordinator.
Sec. 12008. Judicial review.
Sec. 12009. State jurisdiction over in-State delivery of natural gas.
Sec. 12010. Study of alternative means of construction.
Sec. 12011. Clarification of ANGTA status and authorities.
Sec. 12012. Sense of Congress.
Sec. 12013. Participation of small business concerns.
Sec. 12014. Alaska pipeline construction training program.
Subtitle B—Strategic Petroleum Reserve
Sec. 12101. Full capacity of Strategic Petroleum Reserve.
Sec. 12102. Strategic Petroleum Reserve expansion.
Sec. 12103. Permanent authority to operate the Strategic Petroleum Reserve
and other energy programs.
Subtitle C—Hydraulic Fracturing
Sec. 12201. Hydraulic fracturing.
Subtitle D—Unproven Oil and Natural Gas Reserves Recovery Program
Sec. 12301. Program.
Sec. 12302. Eligible reservoirs.
Sec. 12303. Focus areas.
Sec. 12304. Limitation on location of activities.
Sec. 12305. Program administration.
Sec. 12306. Advisory Committee.
Sec. 12307. Limits on participation.
Sec. 12308. Payments to Federal Government.
Sec. 12309. Authorization of appropriations.
Sec. 12310. Public availability of project results and methodologies.
Sec. 12311. Sunset.
Sec. 12312. Definitions.
Subtitle E—Miscellaneous
Sec. 12401. Appeals relating to pipeline construction projects.
Sec. 12402. Natural gas market data transparency.
Sec. 12403. Oil and gas exploration and production defined.
Sec. 12404. Complex well technology testing facility.
TITLE III—HYDROELECTRIC
Subtitle A—Alternative Conditions
Sec. 13001. Alternative conditions and fishways.
Subtitle B—Additional Hydropower
Sec. 13201. Hydroelectric production incentives.
Sec. 13202. Hydroelectric efficiency improvement.
Sec. 13203. Small hydroelectric power projects.
Sec. 13204. Increased hydroelectric generation at existing Federal facilities.
TITLE IV—NUCLEAR MATTERS
Subtitle A—Price-Anderson Act Amendments
Sec. 14001. Short title.
Sec. 14002. Extension of indemnification authority.
Sec. 14003. Maximum assessment.
Sec. 14004. Department of Energy liability limit.
Sec. 14005. Incidents outside the United States.
Sec. 14006. Reports.
Sec. 14007. Inflation adjustment.
Sec. 14008. Price-Anderson treatment of modular reactors.
Sec. 14009. Applicability.
Sec. 14010. Prohibition on assumption by United States Government of liability
for certain foreign accidents.
Sec. 14011. Secure transfer of nuclear materials.
Sec. 14012. Nuclear facility threats.
Sec. 14013. Unreasonable risk consultation.
Sec. 14014. Financial accountability.
Sec. 14015. Civil penalties.
Subtitle B—Miscellaneous Matters
Sec. 14021. Licenses.
Sec. 14022. Nuclear Regulatory Commission meetings.
Sec. 14023. NRC training program.
Sec. 14024. Cost recovery from Government agencies.
Sec. 14025. Elimination of pension offset.
Sec. 14026. Carrying of firearms by licensee employees.
Sec. 14027. Unauthorized introduction of dangerous weapons.
Sec. 14028. Sabotage of nuclear facilities or fuel.
Sec. 14029. Cooperative research and development and special demonstration
projects for the uranium mining industry.
Sec. 14030. Uranium sales.
Sec. 14031. Medical isotope production.
Sec. 14032. Highly enriched uranium diversion threat report.
Sec. 14033. Whistleblower protection.
Sec. 14034. Preventing the misuse of nuclear materials and technology.
Sec. 14035. Limitation on legal fee reimbursement.
Sec. 14036. Transfer.
Sec. 14037. Study to determine feasibility of developing commercial nuclear en-
ergy production facilities at existing Department of Energy
sites.
TITLE V—VEHICLES AND FUELS
Subtitle A—Energy Policy Act Amendments
Sec. 15011. Credit for substantial contribution toward noncovered fleets.
Sec. 15012. Credit for alternative fuel infrastructure.
Sec. 15013. Alternative fueled vehicle report.
Sec. 15014. Allocation of incremental costs.
Subtitle B—Advanced Vehicles
Sec. 15021. Definitions.
Sec. 15022. Pilot program.
Sec. 15023. Reports to Congress.
Sec. 15024. Authorization of appropriations.
Subtitle C—Hydrogen Fuel Cell Heavy-Duty Vehicles
Sec. 15031. Definition.
Sec. 15032. Findings.
Sec. 15033. Hydrogen fuel cell buses.
Sec. 15034. Authorization of appropriations.
Subtitle D—Miscellaneous
Sec. 15041. Railroad efficiency.
Sec. 15042. Mobile emission reductions trading and crediting.
Sec. 15043. Idle reduction technologies.
Sec. 15044. Study of aviation fuel conservation and emissions.
Sec. 15045. Diesel fueled vehicles.
Sec. 15046. Waivers of alternative fueled vehicle fueling requirement.
Sec. 15047. Total integrated thermal systems.
Sec. 15048. Oil bypass filtration technology.
Sec. 15049. Natural gas condensate study.
Sec. 15050. Study on reducing petroleum consumption.
Sec. 15051. Conserve by Bicycling Program.
TITLE VI—ELECTRICITY
Subtitle A—Transmission Capacity
Sec. 16011. Transmission infrastructure improvement rulemaking.
Sec. 16012. Siting of interstate electrical transmission facilities.
Sec. 16013. Transmission technologies.
Subtitle B—Transmission Operation
Sec. 16021. Open access transmission by certain utilities.
Sec. 16022. Regional transmission organizations.
Sec. 16023. Native load.
Subtitle C—Reliability
Sec. 16031. Electric reliability standards.
Subtitle D—PUHCA Amendments
Sec. 16041. Short title.
Sec. 16042. Definitions.
Sec. 16043. Repeal of the Public Utility Holding Company Act of 1935.
Sec. 16044. Federal access to books and records.
Sec. 16045. State access to books and records.
Sec. 16046. Exemption authority.
Sec. 16047. Affiliate transactions.
Sec. 16048. Applicability.
Sec. 16049. Effect on other regulations.
Sec. 16050. Enforcement.
Sec. 16051. Savings provisions.
Sec. 16052. Implementation.
Sec. 16053. Transfer of resources.
Sec. 16054. Effective date.
Sec. 16055. Authorization of appropriations.
Sec. 16056. Conforming amendments to the Federal Power Act.
Subtitle E—PURPA Amendments
Sec. 16061. Real-time pricing and time-of-use metering standards.
Sec. 16062. Cogeneration and small power production purchase and sale re-
quirements.
Sec. 16063. Smart metering.
Subtitle F—Renewable Energy
Sec. 16071. Net metering.
Sec. 16072. Renewable energy production incentive.
Sec. 16073. Renewable energy on Federal lands.
Sec. 16074. Assessment of renewable energy resources.
Subtitle G—Market Transparency, Round Trip Trading Prohibition, and
Enforcement
Sec. 16081. Market transparency rules.
Sec. 16082. Prohibition on round trip trading.
Sec. 16083. Conforming changes.
Sec. 16084. Enforcement.
Subtitle H—Consumer Protections
Sec. 16091. Refund effective date.
Sec. 16092. Jurisdiction over interstate sales.
Sec. 16093. Consumer privacy.
Sec. 16094. Unfair trade practices.
Subtitle I—Merger Review Reform and Accountability
Sec. 16101. Merger review reform and accountability.
Subtitle J—Study of Economic Dispatch
Sec. 16111. Study on the benefits of economic dispatch.
TITLE VII—MOTOR FUELS
Subtitle A—General Provisions
Sec. 17101. Renewable content of motor vehicle fuel.
Sec. 17102. Fuels safe harbor.
Sec. 17103. Findings and MTBE transition assistance.
Sec. 17104. Elimination of oxygen content requirement for reformulated gaso-
line.
Sec. 17105. Analyses of motor vehicle fuel changes.
Sec. 17106. Data collection.
Sec. 17107. Fuel system requirements harmonization study.
Sec. 17107A. Reducing the proliferation boutique fuels.
Sec. 17108. Commercial byproducts from municipal solid waste loan guarantee
program.
Subtitle B—MTBE Cleanup
Sec. 17201. Funding for MTBE Contamination.
TITLE VIII—AUTOMOBILE EFFICIENCY
Sec. 18001. Authorization of appropriations for implementation and enforce-
ment of fuel economy standards.
Sec. 18002. Study of feasibility and effects of reducing use of fuel for auto-
mobiles.
DIVISION B—SCIENCE
Sec. 20001. Purposes.
Sec. 20002. Goals.
Sec. 20003. Definitions.
TITLE I—RESEARCH AND DEVELOPMENT
Subtitle A—Energy Efficiency
PART 1—AUTHORIZATION OF APPROPRIATIONS
Sec. 21101. Energy efficiency.
PART 2—LIGHTING SYSTEMS
Sec. 21111. Next Generation Lighting Initiative.
PART 3—BUILDINGS
Sec. 21121. National Building Performance Initiative.
Sec. 21122. Electric motor control technology.
PART 4—VEHICLES
Sec. 21131. Definitions.
Sec. 21132. Establishment of secondary electric vehicle battery use program.
PART 5—ENERGY EFFICIENCY SCIENCE INITIATIVE
Sec. 21141. Energy Efficiency Science Initiative.
PART 6—ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS
Sec. 21151. Advanced Energy Technology Transfer Centers.
Subtitle B—Distributed Energy and Electric Energy Systems
PART 1—AUTHORIZATION OF APPROPRIATIONS
Sec. 21201. Distributed energy and electric energy systems.
PART 2—DISTRIBUTED POWER
Sec. 21211. Strategy.
Sec. 21212. High power density industry program.
Sec. 21213. Micro-cogeneration energy technology.
PART 3—TRANSMISSION SYSTEMS
Sec. 21221. Transmission infrastructure systems research, development, dem-
onstration, and commercial application.
Subtitle C—Renewable Energy
PART 1—AUTHORIZATION OF APPROPRIATIONS
Sec. 21812. Construction with other laws.
Sec. 21813. University collaboration.
Sec. 21814. Federal laboratory educational partners.
Sec. 21815. Interagency cooperation.
TITLE II—DEPARTMENT OF ENERGY MANAGEMENT
Sec. 22001. External regulation of Department of Energy.
Sec. 22002. Improved coordination and management of civilian science and
technology programs.
Sec. 22003. Report on equal employment opportunity practices.
Sec. 22004. Sense of Congress.
TITLE III—CLEAN SCHOOL BUSES
Sec. 23001. Establishment of pilot program.
Sec. 23002. Fuel cell bus development and demonstration program.
Sec. 23003. Diesel retrofit program.
Sec. 23004. Authorization of appropriations.
DIVISION C—RESOURCES
TITLE I—INDIAN ENERGY
Sec. 30101. Indian energy.
TITLE II—OIL AND GAS
Sec. 30201. Program on oil and gas royalties in-kind.
Sec. 30202. Clarification of fair market rental value determinations for public
lands and Forest Service rights-of-way.
Sec. 30203. USGS estimates of oil and gas resources underlying onshore Fed-
eral lands.
Sec. 30204. Royalty incentives for certain offshore areas.
Sec. 30205. Marginal property production incentives.
Sec. 30206. Federal onshore oil and gas leasing and permitting practices.
Sec. 30207. Management of Federal oil and gas leasing programs.
Sec. 30208. Consultation regarding oil and gas leasing on public lands.
Sec. 30209. Oil and gas lease acreage limitations.
Sec. 30210. Federal reimbursement for orphan well reclamation.
Sec. 30211. Preservation of geological and geophysical data.
Sec. 30212. Compliance with Executive Order No. 13211; actions concerning
regulations that significantly affect energy supply, distribution,
or use.
Sec. 30213. Reimbursement for costs of NEPA analyses, documentation, and
studies.
Sec. 30214. Alternate energy-related uses on the Outer Continental Shelf.
Sec. 30215. Deadline for decision on appeals of consistency determinations
under the Coastal Zone Management Act of 1972.
Sec. 30216. Task force on energy project streamlining.
Sec. 30217. Pilot program on Northern Rocky Mountains energy resource man-
agement.
Sec. 30218. Energy development facilitator study.
Sec. 30219. Combined hydrocarbon leasing.
Sec. 30220. Royalty payments under leases under the Outer Continental Shelf
Lands Act.
TITLE III—BIOMASS ENERGY
Sec. 30301. Grants to improve the commercial value of forest biomass for elec-
tric energy, useful heat, transportation fuels, petroleum-based
product substitutes, and other commercial purposes.
TITLE IV—ARCTIC COASTAL PLAIN DOMESTIC ENERGY
Sec. 30401. Short title.
Sec. 30402. Definitions.
Sec. 30403. Leasing program for lands within the Coastal Plain.
Sec. 30404. Lease sales.
Sec. 30405. Grant of leases by the Secretary.
Sec. 30406. Lease terms and conditions.
Sec. 30407. Coastal Plain environmental protection.
Sec. 30408. Expedited judicial review.
Sec. 30409. Federal and State distribution of revenues.
Sec. 30410. Rights-of-way across the Coastal Plain.
Sec. 30411. Conveyance.
Sec. 30412. Local government impact aid and community service assistance.
TITLE V—HYDROPOWER
Sec. 30501. Study and report on increasing electric power production capability
of existing facilities.
Sec. 30502. Study and implementation of increased operational efficiencies in
hydroelectric power projects.
Sec. 30503. Shift of project loads to off-peak periods.
TITLE VI—GEOTHERMAL ENERGY
Sec. 30601. Competitive lease sale requirements.
Sec. 30602. Special provisions regarding direct use of low temperature geo-
thermal energy resources.
Sec. 30603. Royalties and near-term production incentives.
Sec. 30604. Consultation regarding geothermal leasing and permitting on pub-
lic lands.
Sec. 30605. Review and report to Congress.
Sec. 30606. Reimbursement for costs of NEPA analyses, documentation, and
studies.
Sec. 30607. Assessment of geothermal energy potential.
Sec. 30608. Cooperative or unit plans.
Sec. 30609. Royalty on byproducts.
Sec. 30610. Repeal of authorities of Secretary to readjust terms, conditions,
rentals, and royalties.
Sec. 30611. Crediting of rental toward royalty.
Sec. 30612. Lease duration and work commitment requirements.
Sec. 30613. Advanced royalties required for suspension of production.
Sec. 30614. Annual rental.
TITLE VII—COAL
Sec. 30701. Short title.
Sec. 30702. Repeal of the 160-acre limitation for coal leases.
Sec. 30703. Mining plans.
Sec. 30704. Payment of advance royalties under coal leases.
Sec. 30705. Elimination of deadline for submission of coal lease operation and
reclamation plan.
Sec. 30706. Amendments relating to financial assurances with respect to bonus
bids.
Sec. 30707. Inventory requirement.
Sec. 30708. Application of amendments.
TITLE VIII—INSULAR AREAS ENERGY SECURITY
Sec. 30801. Insular areas energy security.
TITLE IX—MISCELLANEOUS PROVISIONS
Sec. 30901. Report on energy facility rights-of-way and corridors on Federal
lands.
Sec. 30902. Electricity transmission line right-of-way, Cleveland National For-
est and adjacent public lands, California.
Sec. 30903. Consultation regarding energy rights-of-way on public lands.
Sec. 30904. Enhancing energy efficiency in management of Federal lands.
Sec. 30905. Permitting of wind energy development projects on public lands.
Sec. 30906. Sense of the Congress regarding generation capacity of electricity
from renewable energy resources on public lands.
Sec. 30907. Assessment of ocean thermal energy resources.
Sec. 30908. Sense of the Congress regarding development of minerals under
Padre Island National Seashore.
Sec. 30909. Encouraging prohibition of off-shore drilling in the Great Lakes.
DIVISION D—TAX
Sec. 40001. Short title; etc.
TITLE I—CONSERVATION
Sec. 41001. Credit for residential solar energy property.
Sec. 41002. Extension and expansion of credit for electricity produced from re-
newable resources.
Sec. 41003. Credit for qualified fuel cell power plants.
Sec. 41004. Credit for energy efficiency improvements to existing homes.
Sec. 41005. Business credit for construction of new energy efficient home.
Sec. 41006. Energy credit for combined heat and power system property.
Sec. 41007. New nonrefundable personal credits allowed against regular and
minimum taxes.
Sec. 41008. Repeal of 4.3-cent motor fuel excise taxes on railroads and inland
waterway transportation which remain in general fund.
Sec. 41009. Reduced motor fuel excise tax on certain mixtures of diesel fuel.
Sec. 41010. Repeal of phaseouts for qualified electric vehicle credit and deduc-
tion for clean fuel-vehicles.
Sec. 41011. Alternative motor vehicle credit.
TITLE II—RELIABILITY
Sec. 42001. Natural gas gathering lines treated as 7-year property.
Sec. 42002. Natural gas distribution lines treated as 15-year property.
Sec. 42003. Electric transmission property treated as 15-year property.
Sec. 42004. Expensing of capital costs incurred in complying with environ-
mental protection agency sulfur regulations.
Sec. 42005. Credit for production of low sulfur diesel fuel.
Sec. 42006. Determination of small refiner exception to oil depletion deduction.
Sec. 42007. Sales or dispositions to implement Federal energy regulatory com-
mission or State electric restructuring policy.
Sec. 42008. Modifications to special rules for nuclear decommissioning costs.
Sec. 42009. Treatment of certain income of cooperatives.
Sec. 42010. Arbitrage rules not to apply to prepayments for natural gas.
TITLE III—PRODUCTION
Sec. 43001. Oil and gas from marginal wells.
Sec. 43002. Temporary suspension of limitation based on 65 percent of taxable
income and extension of suspension of taxable income limit
with respect to marginal production.
Sec. 43003. Amortization of delay rental payments.
Sec. 43004. Amortization of geological and geophysical expenditures.
Sec. 43005. Extension and modification of credit for producing fuel from a
nonconventional source.
Sec. 43006. Business related energy credits allowed against regular and min-
imum tax.
Sec. 43007. Temporary repeal of alternative minimum tax preference for intan-
gible drilling costs.
Sec. 43008. Allowance of enhanced recovery credit against the alternative min-
imum tax.
TITLE IV—CORPORATE EXPATRIATION
Sec. 44001. Tax treatment of corporate expatriation.
Sec. 44002. Expressing the sense of the Congress that tax reform is needed to
address the issue of corporate expatriation.
DIVISION E—CLEAN COAL
Sec. 50001. Authorization of appropriations.
Sec. 50002. Project criteria.
Sec. 50003. Report.
Sec. 50004. Clean coal Centers of Excellence.
DIVISION F—HYDROGEN
Sec. 60001. Definitions.
Sec. 60002. Plan.
Sec. 60003. Program.
Sec. 60004. Interagency task force.
Sec. 60005. Advisory Committee.
Sec. 60006. External review.
Sec. 60007. Miscellaneous provisions.
Sec. 60008. Authorization of appropriations.
Sec. 60009. Fuel cell program at National Parks.
Sec. 60010. Advanced power system technology incentive program.
DIVISION G—HOUSING
Sec. 70001. Capacity building for energy-efficient, affordable housing.
Sec. 70002. Increase of CDBG public services cap for energy conservation and
efficiency activities.
Sec. 70003. FHA mortgage insurance incentives for energy efficient housing.
Sec. 70004. Public Housing Capital Fund.
Sec. 70005. Grants for energy-conserving improvements for assisted housing.
Sec. 70006. North American Development Bank.
Sec. 70007. Energy-efficient appliances.
Sec. 70008. Energy efficiency standards.
Sec. 70009. Energy strategy for HUD.
SEC. 2. ENERGY POLICY.
It is the sense of the Congress that the United States
should take all actions necessary in the areas of conserva-
tion, efficiency, alternative source, technology develop-
ment, and domestic production to reduce the United
States dependence on foreign energy sources from 58 per-
cent to 45 percent by January 1, 2013.
DIVISION A—ENERGY AND
COMMERCE
SEC. 10001. SHORT TITLE.
This division may be cited as the ‘‘Energy Policy Act
of 2003’’.
TITLE I—ENERGY
CONSERVATION
Subtitle A—Federal Leadership in
Energy Conservation
SEC. 11001. ENERGY AND WATER SAVING MEASURES IN
CONGRESSIONAL BUILDINGS.
(a) IN GENERAL.—Part 3 of title V of the National
Energy Conservation Policy Act is amended by adding at
the end:
‘‘SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN
CONGRESSIONAL BUILDINGS.
‘‘(a) IN GENERAL.—The Architect of the Capitol—
‘‘(1) shall develop, update, and implement a
cost-effective energy conservation and management
plan (referred to in this section as the ‘plan’) for all
facilities administered by the Congress (referred to
in this section as ‘congressional buildings’) to meet
the energy performance requirements for Federal
buildings established under section 543(a)(1); and
‘‘(2) shall submit the plan to Congress, not
later than 180 days after the date of enactment of
this section.
‘‘(b) 
PLAN
REQUIREMENTS.—The 
plan 
shall
include—
‘‘(1) a description of the life cycle cost analysis
used to determine the cost-effectiveness of proposed
energy efficiency projects;
‘‘(2) a schedule of energy surveys to ensure
complete surveys of all congressional buildings every
5 years to determine the cost and payback period of
energy and water conservation measures;
‘‘(3) a strategy for installation of life cycle cost-
effective energy and water conservation measures;
‘‘(4) the results of a study of the costs and ben-
efits of installation of submetering in congressional
buildings; and
‘‘(5) information packages and ‘how-to’ guides
for each Member and employing authority of Con-
gress that detail simple, cost-effective methods to
save energy and taxpayer dollars in the workplace.
‘‘(c) ANNUAL REPORT.—The Architect shall submit
to Congress annually a report on congressional energy
management and conservation programs required under
this section that describes in detail—
‘‘(1) energy expenditures and savings estimates
for each facility;
‘‘(2) energy management and conservation
projects; and
‘‘(3) future priorities to ensure compliance with
this section.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the National Energy Conservation Policy
Act is amended by adding at the end of the items relating
to part 3 of title V the following new item:
‘‘Sec. 552. Energy and water savings measures in congressional buildings.’’.
(c) REPEAL.—Section 310 of the Legislative Branch
Appropriations Act, 1999 (40 U.S.C. 166i), is repealed.
(d) ENERGY INFRASTRUCTURE.—The Architect of
the Capitol, building on the Master Plan Study completed
in July 2000, shall commission a study to evaluate the
energy infrastructure of the Capital Complex to determine
how the infrastructure could be augmented to become
more energy efficient, using unconventional and renewable
energy resources, in a way that would enable the Complex
to have reliable utility service in the event of power fluc-
tuations, shortages, or outages.
(e) AUTHORIZATION.—There are authorized to be ap-
propriated to the Architect of the Capitol to carry out sub-
section (d), not more than $2,000,000 for fiscal years
after the enactment of this Act.
SEC. 11002. 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 facil-
ity) 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 .....................................................................................
2005 .....................................................................................
2006 .....................................................................................
2007 .....................................................................................
2008 .....................................................................................
2009 .....................................................................................
2010 .....................................................................................
2011 .....................................................................................
2012 .....................................................................................
2013 .....................................................................................
20.’’.
(2) REPORTING BASELINE.—The energy reduc-
tion goals and baseline established in paragraph (1)
of section 543(a) of the National Energy Conserva-
tion Policy Act, as amended by paragraph (1) of this
subsection, supersede all previous goals and base-
lines under such paragraph, and related reporting
requirements.
(b) REVIEW AND REVISION OF ENERGY PERFORM-
ANCE 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 Sec-
retary 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 sub-
section (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 prac-
ticable, 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 subpara-
graph (A)(i) shall be based on—
‘‘(i) the energy intensiveness of activities car-
ried out in the Federal building or collection of Fed-
eral buildings; or
‘‘(ii) the fact that the Federal building or col-
lection of Federal buildings is used in the perform-
ance 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 En-
ergy Conservation Policy Act (42 U.S.C. 8253(c)) is fur-
ther amended by adding at the end the following:
‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guide-
lines 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 fol-
lowing new subsection:
‘‘(e) RETENTION OF ENERGY SAVINGS.—An agency
may retain any funds appropriated to that agency for en-
ergy 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 unconven-
tional and renewable energy resources projects.’’.
(g) REPORTS.—Section 548(b) of the National En-
ergy 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 ‘‘Con-
gress’’.
(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. 11003. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY.
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 ac-
cordance with guidelines established by the Sec-
retary 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, ad-
vanced 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 incor-
porated into existing Federal energy tracking sys-
tems 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 sub-
section, the Secretary, in consultation with the
Department of Defense, the General Services
Administration, representatives from the meter-
ing industry, utility industry, energy services in-
dustry, energy efficiency industry, national lab-
oratories, universities, and Federal facility en-
ergy 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 sub-
metering;
‘‘(II) the extent to which meter-
ing and submetering are expected to
result in increased potential for en-
ergy management, increased potential
for energy savings and energy effi-
ciency improvement, and cost and en-
ergy savings due to utility contract
aggregation; and
‘‘(III) 
the 
measurement 
and
verification protocols of the Depart-
ment of Energy;
‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gath-
er 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 re-
quirements specified in paragraph (1)
based on the de minimis quantity of energy
use of a Federal building, industrial proc-
ess, 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 respon-
sible for achieving the requirements and (B) dem-
onstration by the agency, complete with documenta-
tion, of any finding that advanced meters or ad-
vanced metering devices, as defined in paragraph
(1), are not practicable.’’.
SEC. 11004. FEDERAL BUILDING PERFORMANCE STAND-
ARDS.
Section 305(a) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)) is amended—
(1) in paragraph (2)(A), by striking ‘‘CABO
Model Energy Code, 1992’’ and inserting ‘‘the 2000
International Energy Conservation Code’’; and
(2) by adding at the end the following:
‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI-
CIENCY PERFORMANCE STANDARDS.—
‘‘(A) IN GENERAL.—Not later than 1 year after
the date of enactment of this paragraph, the Sec-
retary of Energy shall establish, by rule, revised
Federal building energy efficiency performance
standards that require that, if cost-effective, for new
Federal buildings—
‘‘(i) such buildings be designed so as to
achieve energy consumption levels at least 30
percent below those of the most recent
ASHRAE Standard 90.1 or the most recent
version of the International Energy Conserva-
tion Code, as appropriate; and
‘‘(ii) sustainable design principles are ap-
plied to the siting, design, and construction of
all new and replacement buildings.
‘‘(B) ADDITIONAL REVISIONS.—Not later than
1 year after the date of approval of amendments to
ASHRAE Standard 90.1 or the 2000 International
Energy Conservation Code, the Secretary of Energy
shall determine, based on the cost-effectiveness of
the requirements under the amendments, whether
the revised standards established under this para-
graph should be updated to reflect the amendments.
‘‘(C) STATEMENT
ON
COMPLIANCE
OF
NEW
BUILDINGS.—In the budget request of the Federal
agency for each fiscal year and each report sub-
mitted by the Federal agency under section 548(a)
of the National Energy Conservation Policy Act (42
U.S.C. 8258(a)), the head of each Federal agency
shall include—
‘‘(i) a list of all new Federal buildings
owned, operated, or controlled by the Federal
agency; and
‘‘(ii) a statement concerning whether the
Federal buildings meet or exceed the revised
standards established under this paragraph.’’.
SEC. 11005. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.
(a) REQUIREMENTS.—Part 3 of title V of the Na-
tional Energy Conservation Policy Act is amended by add-
ing at the end the following:
‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI-
CIENT PRODUCTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ENERGY STAR PRODUCT.—The term ‘En-
ergy Star product’ means a product that is rated for
energy efficiency under an Energy Star program.
‘‘(2) ENERGY STAR PROGRAM.—The term ‘En-
ergy Star program’ means the program established
by section 324A of the Energy Policy and Conserva-
tion 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 PROD-
UCTS.—
‘‘(1) REQUIREMENT.—To meet the require-
ments of an executive agency for an energy con-
suming 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 para-
graph (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 execu-
tive agency.
‘‘(3) PROCUREMENT PLANNING.—The head of
an executive agency shall incorporate into the speci-
fications for all procurements involving energy con-
suming products and systems, including guide speci-
fications, project specifications, and construction,
renovation, and services contracts that include provi-
sion 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 des-
ignated products.
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN
FEDERAL CATALOGS.—Energy Star products and FEMP
designated products shall be clearly identified and promi-
nently displayed in any inventory or listing of products
by the General Services Administration or the Defense Lo-
gistics Agency. The General Services Administration or
the Defense Logistics Agency shall supply only Energy
Star products or FEMP designated products for all prod-
uct 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 ac-
count.
‘‘(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 rec-
ommendations 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 con-
tents in section 101(b) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8201 note), as amended by sec-
tion 11001(b) of this division, is further amended by in-
serting after the item relating to section 552 the following:
‘‘Sec. 553. Federal procurement of energy efficient products.’’.
SEC. 11006. 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 con-
tract or energy savings performance contract pro-
viding 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 com-
pared 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), aggre-
gate annual payments by an agency under an energy
savings contract or energy savings performance con-
tract 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 Na-
tional 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 build-
ings or other federally owned facilities as a re-
sult of—
‘‘(i) the lease or purchase of operating
equipment, improvements, altered oper-
ation and maintenance, or technical serv-
ices;
‘‘(ii) the increased efficient use of ex-
isting 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 ex-
isting water sources; or
‘‘(B) in the case of a replacement building
or facility described in section 801(a)(3), a re-
duction 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 replace-
ment 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 con-
tract which provides for—
‘‘(A) the performance of services for the
design, acquisition, installation, testing, oper-
ation, and, where appropriate, maintenance and
repair, of an identified energy or water con-
servation measure or series of measures at one
or more locations; or
‘‘(B) energy savings through the construc-
tion and operation of one or more buildings or
facilities to replace one or more existing build-
ings or facilities.
Such contracts shall, with respect to an agency facil-
ity 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. 3301), be in compliance with the pro-
spectus requirements and procedures of section 7 of
the Public Buildings Act of 1959 (40 U.S.C.
3307).’’.
(e) ENERGY OR WATER CONSERVATION MEASURE.—
Section 804(4) of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8287c(4)) is amended to read as fol-
lows:
‘‘(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-effec-
tive, and involves water conservation, water re-
cycling or reuse, more efficient treatment of
wastewater or stormwater, improvements in op-
eration or maintenance efficiencies, retrofit ac-
tivities, or other related activities, not at a Fed-
eral 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 de-
termining savings, contracting requirements, and energy
efficiency services covered. The Secretary shall report
these findings to Congress, and shall implement identified
administrative and regulatory changes to increase pro-
gram flexibility and effectiveness to the extent that such
changes are consistent with statutory authority.
SEC. 11007. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY.
(a) VOLUNTARY AGREEMENTS.—The Secretary of
Energy shall enter into voluntary agreements with one or
more persons in industrial sectors that consume signifi-
cant amounts of primary energy per unit of physical out-
put to reduce the energy intensity of their production ac-
tivities.
(b) GOAL.—Voluntary agreements under this section
shall have a goal of reducing energy intensity by not less
than 2.5 percent each year from 2004 through 2014.
(c) RECOGNITION.—The Secretary of Energy, in co-
operation with the Administrator of the Environmental
Protection Agency and other appropriate Federal agen-
cies, shall develop mechanisms to recognize and publicize
the achievements of participants in voluntary agreements
under this section.
(d) DEFINITION.—In this section, the term ‘‘energy
intensity’’ means the primary energy consumed per unit
of physical output in an industrial process.
(e) TECHNICAL ASSISTANCE.—An entity that enters
into an agreement under this section and continues to
make a good faith effort to achieve the energy efficiency
goals specified in the agreement shall be eligible to receive
from the Secretary a grant or technical assistance as ap-
propriate to assist in the achievement of those goals.
(f) REPORT.—Not later than June 30, 2010 and
June 30, 2014, the Secretary shall submit to Congress a
report that evaluates the success of the voluntary agree-
ments, with independent verification of a sample of the
energy savings estimates provided by participating firms.
SEC. 11008. 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 employ-
ing onsite generation, and the savings resulting from such
participation, should be included in the evaluation of en-
ergy options for Federal facilities.’’.
SEC. 11009. ADVANCED BUILDING EFFICIENCY TESTBED.
(a) ESTABLISHMENT.—The Secretary of Energy, in
consultation with the Administrator of the General Serv-
ices Administration, shall establish an Advanced Building
Efficiency Testbed program for the development, testing,
and demonstration of advanced engineering systems, com-
ponents, and materials to enable innovations in building
technologies. The program shall evaluate efficiency con-
cepts for government and industry buildings, and dem-
onstrate the ability of next generation buildings to support
individual and organizational productivity and health as
well as flexibility and technological change to improve en-
vironmental sustainability. Such program shall com-
plement and not duplicate existing national programs.
(b) PARTICIPANTS.—The program established under
subsection (a) shall be led by a university with the ability
to combine the expertise from numerous academic fields
including, at a minimum, intelligent workplaces and ad-
vanced building systems and engineering, electrical and
computer engineering, computer science, architecture,
urban design, and environmental and mechanical engi-
neering. Such university shall partner with other univer-
sities and entities who have established programs and the
capability of advancing innovative building efficiency tech-
nologies.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section $6,000,000 for each of the
fiscal years 2004 through 2006, to remain available until
expended. For any fiscal year in which funds are expended
under this section, the Secretary shall provide one-third
of the total amount to the lead university described in sub-
section (b), and provide the remaining two-thirds to the
other participants referred to in subsection (b) on an equal
basis.
SEC. 11010. 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 add-
ing at the end the following new section:
‘‘INCREASED USE OF RECOVERED MINERAL COMPONENT
IN FEDERALLY FUNDED PROJECTS INVOLVING PRO-
CUREMENT 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 agen-
cy that on a regular basis procures, or provides
Federal funds to pay or assist in paying the
cost of procuring, material for cement or con-
crete 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 byprod-
uct 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 Adminis-
trator 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 ce-
ment 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 great-
er use of recovered mineral component in cement or
concrete projects for which recovered mineral compo-
nents 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 co-
operation with the Secretary of Transportation and
the Secretary of Energy, shall conduct a study to de-
‘‘(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substi-
tution rates of recovered mineral component in
those cement or concrete projects; and
‘‘(iii) identify any potential environmental
or economic effects that may result from great-
er 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 Adminis-
trator shall submit to Congress 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 Ad-
ministrator 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 con-
struction 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 sub-
section (c).
‘‘(e) EFFECT OF SECTION.—Nothing in this section
affects the requirements of section 6002 (including the
guidelines and specifications for implementing those re-
quirements).’’.
(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 fol-
lowing new item:
‘‘Sec. 6005. Increased use of recovered mineral component in federally funded
projects involving procurement of cement or concrete.’’.
SEC. 11011. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC
BUILDINGS.
(a) IN GENERAL.—Subchapter VI of chapter 31 of
title 40, United States Code, is amended by adding at the
end the following:
‘‘§ 3177. Use of photovoltaic energy in public build-
ings
‘‘(a) PHOTOVOLTAIC ENERGY COMMERCIALIZATION
PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services may establish a photovoltaic energy
commercialization program for the procurement and
installation of photovoltaic solar electric systems for
electric production in new and existing public build-
ings.
‘‘(2) PURPOSES.—The purposes of the program
shall be to accomplish the following:
‘‘(A) To accelerate the growth of a com-
mercially viable photovoltaic industry to make
this energy system available to the general pub-
lic as an option which can reduce the national
consumption of fossil fuel.
‘‘(B) To reduce the fossil fuel consumption
and costs of the Federal Government.
‘‘(C) To attain the goal of installing solar
energy systems in 20,000 Federal buildings by
2010, as contained in the Federal Government’s
Million Solar Roof Initiative of 1997.
‘‘(D) To stimulate the general use within
the Federal Government of life-cycle costing
and innovative procurement methods.
‘‘(E) To develop program performance
data to support policy decisions on future incen-
tive programs with respect to energy.
‘‘(3) ACQUISITION
OF
PHOTOVOLTAIC
SOLAR
ELECTRIC SYSTEMS.—
‘‘(A) IN
GENERAL.—The program shall
provide for the acquisition of photovoltaic solar
electric systems and associated storage capa-
bility for use in public buildings.
‘‘(B) ACQUISITION LEVELS.—The acquisi-
tion of photovoltaic electric systems shall be at
a level substantial enough to allow use of low-
cost production techniques with at least 150
megawatts (peak) cumulative acquired during
the 5 years of the program.
‘‘(4) 
ADMINISTRATION.—The 
Administrator
shall administer the program and shall—
‘‘(A) prescribe such rules and regulations
as may be appropriate to monitor and assess
the performance and operation of photovoltaic
solar electric systems installed pursuant to this
subsection;
‘‘(B) develop innovative procurement strat-
egies for the acquisition of such systems; and
‘‘(C) transmit to the Committee on Trans-
portation and Infrastructure of the House of
Representatives and to the Committee on Envi-
ronment and Public Works of the Senate an an-
nual report on the results of the program.
‘‘(b) PHOTOVOLTAIC SYSTEMS EVALUATION PRO-
GRAM.—
‘‘(1) IN
GENERAL.—Not later than 60 days
after the date of enactment of this section, the Ad-
ministrator, in consultation with the Secretary of
Energy, shall establish a photovoltaic solar energy
systems evaluation program to evaluate such photo-
voltaic solar energy systems as are required in public
buildings.
‘‘(2) PROGRAM REQUIREMENT.—In evaluating
photovoltaic solar energy systems under the pro-
gram, the Administrator shall ensure that such sys-
tems reflect the most advanced technology.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) PHOTOVOLTAIC ENERGY COMMERCIALIZA-
TION PROGRAM.—There is authorized to be appro-
priated to carry out subsection (a) $210,000,000 for
each of fiscal years 2004 through 2008. Such sums
shall remain available until expended.
‘‘(2) PHOTOVOLTAIC
SYSTEMS
EVALUATION
PROGRAM.—There is authorized to be appropriated
to carry out subsection (b) $52,700,000 for each of
fiscal years 2004 through 2008. Such sums shall re-
main available until expended.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by inserting after the item relat-
ing to section 3176 the following:
‘‘3177. Use of photovoltaic energy in public buildings’’.
SEC. 11012. TELECOMMUTING STUDY.
(a) STUDY REQUIRED.—The Secretary, in consulta-
tion 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 employ-
ees in the United States.
(b) REQUIRED SUBJECTS OF STUDY.—The study re-
quired by subsection (a) shall analyze the following sub-
jects in relation to the energy saving potential of telecom-
muting 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 tele-
communications services deployment.
(4) Collateral benefits to the environment, fam-
ily 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 in-
clude 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 Na-
tional Telecommunications and Information Admin-
istration of the Department of Commerce.
(4) TELECOMMUTING.—The term ‘‘telecom-
muting’’ means the performance of work functions
using communications technologies, thereby elimi-
nating or substantially reducing the need to com-
mute to and from traditional worksites.
(5) FEDERAL EMPLOYEE.—The term ‘‘Federal
employee’’ has the meaning provided the term ‘‘em-
ployee’’ by section 2105 of title 5, United States
Code.
Subtitle B—Energy Assistance and
State Programs
SEC. 11021. LIHEAP AND WEATHERIZATION ASSISTANCE.
(a) LOW-INCOME HOME ENERGY ASSISTANCE PRO-
GRAM.—Section 2602(b) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended
by striking ‘‘each of fiscal years 2002 through 2004’’ and
inserting ‘‘each of fiscal years 2002 and 2003, and
$3,400,000,000 for each of fiscal years 2004 through
2006’’.
(b) WEATHERIZATION.—Section 422 of the Energy
Conservation and Production Act (42 U.S.C. 6872) is
amended by striking ‘‘for fiscal years 1999 through 2003
such sums as may be necessary’’ and inserting
‘‘$325,000,000 for fiscal year 2004, $400,000,000 for fis-
cal year 2005, and $500,000,000 for fiscal year 2006’’.
(c) REPORT TO CONGRESS.—Not later than 1 year
after the date of enactment of this Act, the Secretary of
Health and Human Services shall transmit to the Con-
gress a report on how the Low-Income Home Energy As-
sistance Program could be used more effectively to prevent
loss of life from extreme temperatures. In preparing such
report, the Secretary shall consult with appropriate offi-
cials in all 50 States and the District of Columbia.
SEC. 11022. STATE ENERGY PROGRAMS.
(a) STATE ENERGY CONSERVATION PLANS.—Section
362 of the Energy Policy and Conservation Act (42 U.S.C.
6322) is amended by inserting at the end the following
new subsection:
‘‘(g) The Secretary shall, at least once every 3 years,
invite the Governor of each State to review and, if nec-
essary, revise the energy conservation plan of such State
submitted under subsection (b) or (e). Such reviews should
consider the energy conservation plans of other States
within the region, and identify opportunities and actions
carried out in pursuit of common energy conservation
goals.’’.
(b) STATE ENERGY EFFICIENCY GOALS.—Section
364 of the Energy Policy and Conservation Act (42 U.S.C.
6324) is amended to read as follows:
‘‘STATE ENERGY EFFICIENCY GOALS
‘‘SEC. 364. Each State energy conservation plan with
respect to which assistance is made available under this
part on or after the date of enactment of the Energy Pol-
icy Act of 2003 shall contain a goal, consisting of an im-
provement of 25 percent or more in the efficiency of use
of energy in the State concerned in calendar year 2010
as compared to calendar year 1990, and may contain in-
terim goals.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
365(f) of the Energy Policy and Conservation Act (42
U.S.C. 6325(f)) is amended by striking ‘‘for fiscal years
1999 through 2003 such sums as may be necessary’’ and
inserting ‘‘$100,000,000 for each of the fiscal years 2004
and 2005 and $125,000,000 for fiscal year 2006’’.
SEC. 11023. ENERGY EFFICIENT APPLIANCE REBATE PRO-
GRAMS.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE
STATE.—The term ‘‘eligible
State’’ means a State that meets the requirements
of subsection (b).
(2) ENERGY STAR PROGRAM.—The term ‘‘En-
ergy Star program’’ means the program established
by section 324A of the Energy Policy and Conserva-
tion Act.
(3) RESIDENTIAL
ENERGY
STAR
PRODUCT.—
The term ‘‘residential Energy Star product’’ means
a product for a residence that is rated for energy ef-
ficiency under the Energy Star program.
(4) STATE ENERGY OFFICE.—The term ‘‘State
energy office’’ means the State agency responsible
for developing State energy conservation plans under
section 362 of the Energy Policy and Conservation
Act (42 U.S.C. 6322).
(5) STATE PROGRAM.—The term ‘‘State pro-
gram’’ means a State energy efficient appliance re-
bate program described in subsection (b)(1).
(b) ELIGIBLE STATES.—A State shall be eligible to
receive an allocation under subsection (c) if the State—
(1) establishes (or has established) a State en-
ergy efficient appliance rebate program to provide
rebates to residential consumers for the purchase of
residential Energy Star products to replace used ap-
pliances of the same type;
(2) submits an application for the allocation at
such time, in such form, and containing such infor-
mation as the Secretary may require; and
(3) provides assurances satisfactory to the Sec-
retary that the State will use the allocation to sup-
plement, but not supplant, funds made available to
carry out the State program.
(c) AMOUNT OF ALLOCATIONS.—
(1) IN GENERAL.—Subject to paragraph (2),
for each fiscal year, the Secretary shall allocate to
the State energy office of each eligible State to carry
out subsection (d) an amount equal to the product
obtained by multiplying the amount made available
under subsection (f) for the fiscal year by the ratio
that the population of the State in the most recent
calendar year for which data are available bears to
the total population of all eligible States in that cal-
endar year.
(2) MINIMUM ALLOCATIONS.—For each fiscal
year, the amounts allocated under this subsection
shall be adjusted proportionately so that no eligible
State is allocated a sum that is less than an amount
determined by the Secretary.
(d) USE OF ALLOCATED FUNDS.—The allocation to
a State energy office under subsection (c) may be used
to pay up to 50 percent of the cost of establishing and
carrying out a State program.
(e) ISSUANCE OF REBATES.—Rebates may be pro-
vided to residential consumers that meet the requirements
of the State program. The amount of a rebate shall be
determined by the State energy office, taking into
consideration—
(1) the amount of the allocation to the State
energy office under subsection (c);
(2) the amount of any Federal or State tax in-
centive available for the purchase of the residential
Energy Star product; and
(3) the difference between the cost of the resi-
dential Energy Star product and the cost of an ap-
pliance that is not a residential Energy Star prod-
uct, but is of the same type as, and is the nearest
capacity, performance, and other relevant character-
istics (as determined by the State energy office) to
the residential Energy Star product.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$50,000,000 for each of the fiscal years 2004 through
2008.
SEC. 11024. ENERGY EFFICIENT PUBLIC BUILDINGS.
(a) GRANTS.—The Secretary of Energy may make
grants to the State agency responsible for developing State
energy conservation plans under section 362 of the Energy
Policy and Conservation Act (42 U.S.C. 6322), or, if no
such agency exists, a State agency designated by the Gov-
ernor of the State, to assist units of local government in
the State in improving the energy efficiency of public
buildings and facilities—
(1) through construction of new energy efficient
public buildings that use at least 30 percent less en-
ergy than a comparable public building constructed
in compliance with standards prescribed in chapter
8 of the 2000 International Energy Conservation
Code, or a similar State code intended to achieve
substantially equivalent efficiency levels; or
(2) through renovation of existing public build-
ings to achieve reductions in energy use of at least
30 percent as compared to the baseline energy use
in such buildings prior to renovation, assuming a 3-
year, weather-normalized average for calculating
such baseline.
(b) ADMINISTRATION.—State energy offices receiving
grants under this section shall—
(1) maintain such records and evidence of com-
pliance as the Secretary may require; and
(2) develop and distribute information and ma-
terials and conduct programs to provide technical
services and assistance to encourage planning, fi-
nancing, and design of energy efficient public build-
ings by units of local government.
(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of this section, there are authorized to be appro-
priated to the Secretary of Energy such sums as may be
necessary for each of fiscal years 2004 through 2013. Not
more than 30 percent of appropriated funds shall be used
for administration.
SEC. 11025. LOW INCOME COMMUNITY ENERGY EFFICIENCY
PILOT PROGRAM.
(a) GRANTS.—The Secretary of Energy is authorized
to make grants to units of local government, private, non-
profit community development organizations, and Indian
tribe economic development entities to improve energy effi-
ciency, identify and develop alternative renewable and dis-
tributed energy supplies, and increase energy conservation
in low income rural and urban communities.
(b) PURPOSE OF GRANTS.—The Secretary may make
grants on a competitive basis for—
(1) investments that develop alternative renew-
able and distributed energy supplies;
(2) energy efficiency projects and energy con-
servation programs;
(3) studies and other activities that improve en-
ergy efficiency in low income rural and urban com-
munities;
(4) planning and development assistance for in-
creasing the energy efficiency of buildings and facili-
ties; and
(5) technical and financial assistance to local
government and private entities on developing new
renewable and distributed sources of power or com-
bined heat and power generation.
(c) DEFINITION.—For purposes of this section, the
term ‘‘Indian tribe’’ means any Indian tribe, band, nation,
or other organized group or community, including any
Alaskan Native village or regional or village corporation
as defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), which
is recognized as eligible for the special programs and serv-
ices provided by the United States to Indians because of
their status as Indians.
(d) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of this section there are authorized to be appro-
priated to the Secretary of Energy $20,000,000 for fiscal
year 2004 and each fiscal year thereafter through fiscal
year 2006.
Subtitle C—Energy Efficient
Products
SEC. 11041. ENERGY STAR PROGRAM.
(a) AMENDMENT.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 and following) is amended by
inserting the following after section 324:
‘‘SEC. 324A. ENERGY STAR PROGRAM.
‘‘There is established at the Department of Energy
and the Environmental Protection Agency a program to
identify and promote energy-efficient products and build-
ings in order to reduce energy consumption, improve en-
ergy security, and reduce pollution through labeling of and
other forms of communication about products and build-
ings that meet the highest energy efficiency standards. Re-
sponsibilities under the program shall be divided between
the Department of Energy and the Environmental Protec-
tion Agency consistent with the terms of agreements be-
tween the two agencies. The Administrator and the Sec-
retary shall—
‘‘(1) promote Energy Star compliant tech-
nologies as the preferred technologies in the market-
place for achieving energy efficiency and to reduce
pollution;
‘‘(2) work to enhance public awareness of the
Energy Star label, including special outreach to
small businesses;
‘‘(3) preserve the integrity of the Energy Star
label; and
‘‘(4) solicit the comments of interested parties
in establishing a new Energy Star product category
or in revising a product category, and upon adoption
of a new or revised product category provide an ex-
planation of the decision that responds to significant
public comments.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the Energy Policy and Conservation Act is
amended by inserting after the item relating to section
324 the following new item:
‘‘Sec. 324A. Energy Star program.’’.
SEC. 11042. CONSUMER EDUCATION ON ENERGY EFFI-
CIENCY BENEFITS OF AIR CONDITIONING,
HEATING, AND VENTILATION MAINTENANCE.
Section 337 of the Energy Policy and Conservation
Act (42 U.S.C. 6307) is amended by adding at the end
the following:
‘‘(c) HVAC MAINTENANCE.—(1) For the purpose of
ensuring that installed air conditioning and heating sys-
tems operate at their maximum rated efficiency levels, the
Secretary shall, within 180 days of the date of enactment
of this subsection, carry out a program to educate home-
owners and small business owners concerning the energy
savings resulting from properly conducted maintenance of
air conditioning, heating, and ventilating systems.
‘‘(2) The Secretary shall carry out the program in
cooperation with the Administrator of the Environmental
Protection Agency and such other entities as the Secretary
considers appropriate, including industry trade associa-
tions, industry members, and energy efficiency organiza-
tions.
‘‘(d) SMALL BUSINESS EDUCATION
AND ASSIST-
ANCE.—The Administrator of the Small Business Admin-
istration, in consultation with the Secretary of Energy and
the Administrator of the Environmental Protection Agen-
cy, shall develop and coordinate a Government-wide pro-
gram, building on the existing Energy Star for Small
Business Program, to assist small business to become
more energy efficient, understand the cost savings obtain-
able through efficiencies, and identify financing options
for energy efficiency upgrades. The Secretary and the Ad-
ministrator shall make the program information available
directly to small businesses and through other Federal
agencies, including the Federal Emergency Management
Agency, and the Department of Agriculture.’’.
SEC. 11043. ADDITIONAL DEFINITIONS.
Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended by adding at the end
the following:
‘‘(32) The term ‘battery charger’ means a de-
vice that charges batteries for consumer products.
‘‘(33) The term ‘commercial refrigerator, freez-
er and refrigerator-freezer’ means a refrigerator,
freezer or refrigerator-freezer that—
‘‘(A) is not a consumer product regulated
under this Act; and
‘‘(B) incorporates most components in-
volved in the vapor-compression cycle and the
refrigerated compartment in a single package.
‘‘(34) The term ‘external power supply’ means
an external power supply circuit that is used to con-
vert household electric current into either DC cur-
rent or lower-voltage AC current to operate a con-
sumer product.
‘‘(35) The term ‘illuminated exit sign’ means a
sign that—
‘‘(A) is designed to be permanently fixed in
place to identify an exit; and
‘‘(B) consists of—
‘‘(i) an electrically powered integral
light source that illuminates the legend
‘EXIT’ and any directional indicators; and
‘‘(ii) provides contrast between the
legend, any directional indicators, and the
background.
‘‘(36)(A) Except as provided in subparagraph
(B), the term ‘low-voltage dry-type transformer’
means a transformer that—
‘‘(i) has an input voltage of 600 volts or
less;
‘‘(ii) is air-cooled;
‘‘(iii) does not use oil as a coolant; and
‘‘(iv) is rated for operation at a frequency
of 60 Hertz.
‘‘(B) The term ‘low-voltage dry-type trans-
former’ does not include—
‘‘(i) transformers with multiple voltage
taps, with the highest voltage tap equaling at
least 20 percent more than the lowest voltage
tap;
‘‘(ii) transformers that are designed to be
used in a special purpose application, such as
transformers commonly known as drive trans-
formers, 
rectifier 
transformers,
autotransformers, Uninterruptible Power Sys-
tem transformers, impedance transformers, har-
monic transformers, regulating transformers,
sealed and nonventilating transformers, ma-
chine tool transformers, welding transformers,
grounding transformers, or testing trans-
formers; or
‘‘(iii) any transformer not listed in clause
(ii) that is excluded by the Secretary by rule be-
cause the transformer is designed for a special
application and the application of standards to
the transformer would not result in significant
energy savings.
‘‘(37) The term ‘standby mode’ means the low-
est amount of electric power used by a household ap-
pliance when not performing its active functions, as
defined on an individual product basis by the Sec-
retary.
‘‘(38) The term ‘torchiere’ means a portable
electric lamp with a reflector bowl that directs light
upward so as to give indirect illumination.
‘‘(39) The term ‘transformer’ means a device
consisting of two or more coils of insulated wire that
transfers alternating current by electromagnetic in-
duction from one coil to another to change the origi-
nal voltage or current value.
‘‘(40) The term ‘unit heater’ means a self-con-
tained fan-type heater designed to be installed with-
in the heated space, except that such term does not
include a warm air furnace.
‘‘(41) The term ‘traffic signal module’ means a
standard 8-inch (200mm) or 12-inch (300mm) traf-
fic signal indication, consisting of a light source, a
lens, and all other parts necessary for operation,
that communicates movement messages to drivers
through red, amber, and green colors.’’.
SEC. 11044. ADDITIONAL TEST PROCEDURES.
(a) EXIT SIGNS.—Section 323(b) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6293) is amended
by adding at the end the following:
‘‘(9) Test procedures for illuminated exit signs
shall be based on the test method used under
Version 2.0 of the Energy Star program of the Envi-
ronmental Protection Agency for illuminated exit
signs.
‘‘(10) Test procedures for low voltage dry-type
distribution transformers shall be based on the
‘Standard Test Method for Measuring the Energy
Consumption of Distribution Transformers’ pre-
scribed by the National Electrical Manufacturers As-
sociation (NEMA TP 2–1998). The Secretary may
review and revise this test procedure based on future
revisions to such standard test method.
‘‘(11) Test procedures for traffic signal modules
shall be based on the test method used under the
Energy Star program of the Environmental Protec-
tion Agency for traffic signal modules, as in effect
on the date of enactment of this paragraph.’’.
(b) ADDITIONAL
CONSUMER
AND
COMMERCIAL
PRODUCTS.—Section 323 of the Energy Policy and Con-
servation Act (42 U.S.C. 6293) is further amended by
adding at the end the following:
‘‘(f) ADDITIONAL
CONSUMER
AND
COMMERCIAL
PRODUCTS.—The Secretary shall within 24 months after
the date of enactment of this subsection prescribe testing
requirements for suspended ceiling fans, refrigerated bot-
tled or canned beverage vending machines, commercial
unit heaters, and commercial refrigerators, freezers and
refrigerator-freezers. Such testing requirements shall be
based on existing test procedures used in industry to the
extent practical and reasonable. In the case of suspended
ceiling fans, such test procedures shall include efficiency
at both maximum output and at an output no more than
50 percent of the maximum output.’’.
SEC. 11045. ENERGY CONSERVATION STANDARDS FOR AD-
DITIONAL 
CONSUMER 
AND 
COMMERCIAL
PRODUCTS.
Section 325 of the Energy Policy and Conservation
Act (42 U.S.C. 6295) is amended by adding at the end
the following:
‘‘(u) STANDBY MODE ELECTRIC ENERGY CONSUMP-
TION.—
‘‘(1) INITIAL RULEMAKING.—(A) The Secretary
shall, within 18 months after the date of enactment
of this subsection, prescribe by notice and comment,
definitions of standby mode and test procedures for
the standby mode power use of battery chargers and
external power supplies. In establishing these test
procedures, the Secretary shall consider, among
other factors, existing test procedures used for meas-
uring energy consumption in standby mode and as-
sess the current and projected future market for
battery chargers and external power supplies. This
assessment shall include estimates of the significance
of potential energy savings from technical improve-
ments to these products and suggested product
classes for standards. Prior to the end of this time
period, the Secretary shall hold a scoping workshop
to discuss and receive comments on plans for devel-
oping energy conservation standards for standby
mode energy use for these products.
‘‘(B) The Secretary shall, within 3 years after
the date of enactment of this subsection, issue a
final rule that determines whether energy conserva-
tion standards shall be promulgated for battery
chargers and external power supplies or classes
thereof. For each product class, any such standards
shall be set at the lowest level of standby energy use
that—
‘‘(i) meets the criteria of subsections (o),
(p), (q), (r), (s) and (t); and
‘‘(ii) will result in significant overall an-
nual energy savings, considering both standby
mode and other operating modes.
‘‘(2) DESIGNATION OF ADDITIONAL COVERED
PRODUCTS.—(A) Not later than 180 days after the
date of enactment of this subsection, the Secretary
shall publish for public comment and public hearing
a notice to determine whether any noncovered prod-
ucts should be designated as covered products for
the purpose of instituting a rulemaking under this
section to determine whether an energy conservation
standard restricting standby mode energy consump-
tion, should be promulgated; except that any restric-
tion on standby mode energy consumption shall be
limited to major sources of such consumption.
‘‘(B) In making the determinations pursuant to
subparagraph (A) of whether to designate new cov-
ered products and institute rulemakings, the Sec-
retary shall, among other relevant factors and in ad-
dition to the criteria in section 322(b), consider—
‘‘(i) standby mode power consumption
compared to overall product energy consump-
tion; and
‘‘(ii) the priority and energy savings poten-
tial of standards which may be promulgated
under this subsection compared to other re-
quired rulemakings under this section and the
‘‘(v) SUSPENDED CEILING FANS, VENDING MA-
CHINES, UNIT HEATERS, AND COMMERCIAL REFRIG-
ERATORS, FREEZERS AND REFRIGERATOR-FREEZERS.—
The Secretary shall within 24 months after the date on
which testing requirements are prescribed by the Sec-
retary pursuant to section 323(f), prescribe, by rule, en-
ergy conservation standards for suspended ceiling fans, re-
frigerated bottled or canned beverage vending machines,
unit heaters, and commercial refrigerators, freezers and
refrigerator-freezers. In establishing standards under this
subsection, the Secretary shall use the criteria and proce-
dures contained in subsections (l) and (m). Any standard
prescribed under this subsection shall apply to products
manufactured 3 years after the date of publication of a
final rule establishing such standard.
‘‘(w) ILLUMINATED EXIT SIGNS.—Illuminated exit
signs manufactured on or after January 1, 2005 shall
meet the Version 2.0 Energy Star Program performance
requirements for illuminated exit signs prescribed by the
Environmental Protection Agency
‘‘(x) TORCHIERES.—Torchieres manufactured on or
after January 1, 2005—
‘‘(1) shall consume not more than 190 watts of
power; and
‘‘(2) shall not be capable of operating with
lamps that total more than 190 watts.
‘‘(y) LOW VOLTAGE DRY-TYPE TRANSFORMERS.—
The efficiency of low voltage dry-type transformers manu-
factured on or after January 1, 2005 shall be the Class
I Efficiency Levels for low voltage dry-type transformers
specified in Table 4–2 of the ‘Guide for Determining En-
ergy Efficiency for Distribution Transformers’ published
by the National Electrical Manufacturers Association
(NEMA TP–1–1996).
‘‘(z) TRAFFIC SIGNAL MODULES.—Traffic signal
modules manufactured on or after January 1, 2006 shall
meet the performance requirements used under the En-
ergy Star program of the Environmental Protection Agen-
cy for traffic signals, as in effect on the date of enactment
of this paragraph, and shall be installed with compatible,
electrically-connected signal control interface devices and
conflict monitoring systems.
‘‘(aa) EFFECTIVE DATE OF SECTION 327.—The pro-
visions of section 327 shall apply to products for which
standards are set in subsections (v) through (z) of this
section after the effective date for such standards.’’.
SEC. 11046. ENERGY LABELING.
(a) RULEMAKING ON EFFECTIVENESS OF CONSUMER
PRODUCT LABELING.—Paragraph (2) of section 324(a) of
the Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)) is amended by adding at the end the fol-
lowing:
‘‘(F) Not later than 3 months after the date of enact-
ment of this subparagraph, the Commission shall initiate
a rulemaking to consider the effectiveness of the current
consumer products labeling program in assisting con-
sumers in making purchasing decisions and improving en-
ergy efficiency and to consider changes to the labeling
rules that would improve the effectiveness of consumer
product labels. Such rulemaking shall be completed within
2 years after the date of enactment of this subpara-
graph.’’.
(b) RULEMAKING ON LABELING FOR ADDITIONAL
PRODUCTS.—Section 324(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)) is further amended
by adding at the end the following:
‘‘(5) The Secretary or the Commission, as appro-
priate, may for covered products referred to in subsections
(u) through (z) of section 325, prescribe, by rule, pursuant
to this section, labeling requirements for such products
after a test procedure has been set pursuant to section
323.’’.
SEC. 11047. STUDY OF ENERGY EFFICIENCY STANDARDS.
The Secretary of Energy shall contract with the Na-
tional Academy of Sciences for a study, to be completed
within 1 year of enactment of this Act, to examine whether
the goals of energy efficiency standards are best served
by measurement of energy consumed, and efficiency im-
provements, at the actual site of energy consumption, or
through the full fuel cycle, beginning at the source of en-
ergy production. The Secretary shall submit the report to
the Congress.
TITLE II—OIL AND GAS
Subtitle A—Alaska Natural Gas
Pipeline
SEC. 12001. SHORT TITLE.
This subtitle may be cited as the ‘‘Alaska Natural
Gas Pipeline Act of 2003’’.
SEC. 12002. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) Construction of a natural gas pipeline sys-
tem from the Alaskan North Slope to United States
markets is in the national interest and will enhance
national energy security by providing access to the
significant gas reserves in Alaska needed to meet the
anticipated demand for natural gas.
(2) The Commission issued a conditional certifi-
cate of public convenience and necessity for the
Alaska natural gas transportation system, which re-
mains in effect.
(b) PURPOSES.—The purposes of this subtitle are as
follows:
(1) To provide a statutory framework for the
expedited approval, construction, and initial oper-
ation of an Alaska natural gas transportation
project, as an alternative to the framework provided
in the Alaska Natural Gas Transportation Act of
1976 (15 U.S.C. 719 et seq.), which remains in ef-
fect.
(2) To establish a process for providing access
to such transportation project in order to promote
competition in the exploration, development, and
production of Alaska natural gas.
(3) To clarify Federal authorities under the
Alaska Natural Gas Transportation Act of 1976.
SEC. 12003. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) ALASKA NATURAL GAS.—The term ‘‘Alaska
natural gas’’ means natural gas derived from the
area of the State of Alaska lying north of 64 degrees
North latitude.
(2) ALASKA
NATURAL
GAS
TRANSPORTATION
PROJECT.—The term ‘‘Alaska natural gas transpor-
tation project’’ means any natural gas pipeline sys-
tem that carries Alaska natural gas to the border
between Alaska and Canada (including related facili-
ties subject to the jurisdiction of the Commission)
that is authorized under either—
(A) the Alaska Natural Gas Transpor-
tation Act of 1976 (15 U.S.C. 719 et seq.); or
(B) section 12004.
(3) ALASKA
NATURAL
GAS
TRANSPORTATION
SYSTEM.—The term ‘‘Alaska natural gas transpor-
tation system’’ means the Alaska natural gas trans-
portation project authorized under the Alaska Nat-
ural Gas Transportation Act of 1976 and designated
and described in section 2 of the President’s deci-
sion.
(4) COMMISSION.—The term ‘‘Commission’’
means the Federal Energy Regulatory Commission.
(5) PRESIDENT’S DECISION.—The term ‘‘Presi-
dent’s decision’’ means the decision and report to
Congress on the Alaska natural gas transportation
system issued by the President on September 22,
1977, pursuant to section 7 of the Alaska Natural
Gas Transportation Act of 1976 (15 U.S.C. 719e)
and approved by Public Law 95–158 (91 Stat.
1268).
(B) sufficient downstream capacity will
exist to transport the Alaska natural gas mov-
ing through such project to markets in the con-
tiguous United States.
(c) EXPEDITED APPROVAL PROCESS.—The Commis-
sion shall issue a final order granting or denying any ap-
plication for a certificate of public convenience and neces-
sity under section 7(c) of the Natural Gas Act (15 U.S.C.
717f(c)) and this section not more than 60 days after the
issuance of the final environmental impact statement for
that project pursuant to section 12005.
(d) PROHIBITION ON CERTAIN PIPELINE ROUTE.—
No license, permit, lease, right-of-way, authorization, or
other approval required under Federal law for the con-
struction of any pipeline to transport natural gas from
lands within the Prudhoe Bay oil and gas lease area may
be granted for any pipeline that follows a route that
traverses—
(1) the submerged lands (as defined by the
Submerged Lands Act) beneath, or the adjacent
shoreline of, the Beaufort Sea; and
(2) enters Canada at any point north of 68 de-
grees North latitude.
(e) OPEN SEASON.—Except where an expansion is
ordered pursuant to section 12006, initial or expansion ca-
pacity on any Alaska natural gas transportation project
shall be allocated in accordance with procedures to be es-
tablished by the Commission in regulations governing the
conduct of open seasons for such project. Such procedures
shall include the criteria for and timing of any open sea-
sons, be consistent with the purposes set forth in section
12002(b)(2), and, for any open season for capacity beyond
the initial capacity, provide the opportunity for the trans-
portation of natural gas other than from the Prudhoe Bay
and Point Thompson units. The Commission shall issue
such regulations not later than 120 days after the date
of enactment of this Act.
(f) 
PROJECTS
IN
THE
CONTIGUOUS
UNITED
STATES.—Applications for additional or expanded pipeline
facilities that may be required to transport Alaska natural
gas from Canada to markets in the contiguous United
States may be made pursuant to the Natural Gas Act.
To the extent such pipeline facilities include the expansion
of any facility constructed pursuant to the Alaska Natural
Gas Transportation Act of 1976, the provisions of that
Act shall continue to apply.
(g) STUDY OF IN-STATE NEEDS.—The holder of the
certificate of public convenience and necessity issued,
modified, or amended by the Commission for an Alaska
natural gas transportation project shall demonstrate that
it has conducted a study of Alaska in-State needs, includ-
ing tie-in points along the Alaska natural gas transpor-
tation project for in-State access.
(h) ALASKA ROYALTY GAS.—The Commission, upon
the request of the State of Alaska and after a hearing,
may provide for reasonable access to the Alaska natural
gas transportation project for the State of Alaska or its
designee for the transportation of the State’s royalty gas
for local consumption needs within the State; except that
the rates of existing shippers of subscribed capacity on
such project shall not be increased as a result of such ac-
cess.
(i) REGULATIONS.—The Commission may issue regu-
lations to carry out the provisions of this section.
SEC. 12005. ENVIRONMENTAL REVIEWS.
(a) COMPLIANCE WITH NEPA.—The issuance of a
certificate of public convenience and necessity authorizing
the construction and operation of any Alaska natural gas
transportation project under section 12004 shall be treat-
ed as a major Federal action significantly affecting the
quality of the human environment within the meaning of
section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(b) DESIGNATION OF LEAD AGENCY.—The Commis-
sion shall be the lead agency for purposes of complying
with the National Environmental Policy Act of 1969, and
shall be responsible for preparing the statement required
by section 102(2)(c) of that Act (42 U.S.C. 4332(2)(c))
with respect to an Alaska natural gas transportation
project under section 12004. The Commission shall pre-
pare a single environmental statement under this section,
which shall consolidate the environmental reviews of all
Federal agencies considering any aspect of the project.
(c) OTHER AGENCIES.—All Federal agencies consid-
ering aspects of the construction and operation of an Alas-
ka natural gas transportation project under section 12004
shall cooperate with the Commission, and shall comply
with deadlines established by the Commission in the prep-
aration of the statement under this section. The statement
prepared under this section shall be used by all such agen-
cies to satisfy their responsibilities under section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) with respect to such project.
(d) EXPEDITED PROCESS.—The Commission shall
issue a draft statement under this section not later than
12 months after the Commission determines the applica-
tion to be complete and shall issue the final statement not
later than 6 months after the Commission issues the draft
statement, unless the Commission for good cause finds
that additional time is needed.
SEC. 12006. PIPELINE EXPANSION.
(a) AUTHORITY.—With respect to any Alaska natural
gas transportation project, upon the request of one or
more persons and after giving notice and an opportunity
for a hearing, the Commission may order the expansion
of such project if it determines that such expansion is re-
quired by the present and future public convenience and
necessity.
(b) REQUIREMENTS.—Before ordering an expansion,
the Commission shall—
(1) approve or establish rates for the expansion
service that are designed to ensure the recovery, on
an incremental or rolled-in basis, of the cost associ-
ated with the expansion (including a reasonable rate
of return on investment);
(2) ensure that the rates as established do not
require existing shippers on the Alaska natural gas
transportation project to subsidize expansion ship-
pers;
(3) find that the proposed shipper will comply
with, and the proposed expansion and the expansion
of service will be undertaken and implemented based
on, terms and conditions consistent with the then-ef-
fective tariff of the Alaska natural gas transpor-
tation project;
(4) find that the proposed facilities will not ad-
versely affect the financial or economic viability of
the Alaska natural gas transportation project;
(5) find that the proposed facilities will not ad-
versely affect the overall operations of the Alaska
natural gas transportation project;
(6) find that the proposed facilities will not di-
minish the contract rights of existing shippers to
previously subscribed certificated capacity;
(7) ensure that all necessary environmental re-
views have been completed; and
(8) find that adequate downstream facilities
exist or are expected to exist to deliver incremental
Alaska natural gas to market.
(c) REQUIREMENT FOR A FIRM TRANSPORTATION
AGREEMENT.—Any order of the Commission issued pur-
suant to this section shall be null and void unless the per-
son or persons requesting the order executes a firm trans-
portation agreement with the Alaska natural gas transpor-
tation project within a reasonable period of time as speci-
fied in such order.
(d) LIMITATION.—Nothing in this section shall be
construed to expand or otherwise affect any authorities of
the Commission with respect to any natural gas pipeline
located outside the State of Alaska.