265
by proactively assisting the Bank in identifying new 
opportunities for renewable energy and energy effi-
ciency financing. 
(3) COMPOSITION.—The Commission shall be 
composed of—
(A) 6 representatives selected by compa-
nies involved in renewable energy and energy ef-
ficiency technology; 
(B) 2 representatives selected by environ-
mental organizations; 
(C) 2 members of the academic community 
who are knowledgeable about renewable energy; 
and 
(D) representatives of the Bank. 
(4) REPORTS.—The Commission shall submit 
annually to the Committee on Resources and the 
Committee on Financial Services of the House of 
Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a report 
that contains the following information for the fiscal 
year covered by the report: 
(A) A detailed description of the activities 
of the Commission. 
(B) Any recommendations made by the 
Commission that were adopted by the Bank.
266
(C) An analysis comparing the level of 
credit extended by the Bank for renewable en-
ergy and energy efficiency projects with the 
level of credit so extended for the preceding fis-
cal year. 
(c) DEFINITION OF RENEWABLE ENERGY AND EN-
ERGY EFFICIENCY PROJECTS.—In this section, the term 
‘‘renewable energy and energy efficiency projects’’ means 
projects related to solar, wind, biomass, or geothermal en-
ergy sources. 
SEC. 408. GRANTS FOR TRANSIT PROGRAMS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall award grants to a State or local governmental au-
thority to improve mass transportation programs, includ-
ing capital projects. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$1,500,000,000 for each of 10 fiscal years beginning with 
the first fiscal year after the date of enactment of this 
Act. 
(c) LABOR STANDARDS.—The Secretary of Transpor-
tation shall not provide a grant under this section unless 
the Secretary receives reasonable assurances from a State 
that laborers and mechanics employed by contractors or 
subcontractors in the performance of construction or mod-
267
ernization on the a transit project will be paid wages not 
less than those prevailing on similar construction or mod-
ernization in the locality as determined by the Secretary 
of Labor under the Act of March 3, 1931 (known as the 
Davis-Bacon Act) (40 U.S.C. 276a et seq.). 
(d) DEFINITIONS.—
(1) GENERAL DEFINITIONS.—For purposes of 
this section, the terms ‘‘capital project’’, ‘‘local gov-
ernmental authority’’, and ‘‘mass transportation’’ 
have the same meanings such terms have in section 
5302 of title 49, United States Code. 
(2) STATE DEFINED.—For purposes of this sec-
tion, the term ‘‘State’’ means a State of the United 
States, the District of Columbia, Puerto Rico, the 
Northern Mariana Islands, Guam, American Samoa, 
and the United States Virgin Islands. 
SEC. 409. GRANTS FOR WATER AND SEWER IMPROVEMENT 
PROGRAMS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall award grants to a State or local governmental au-
thority to improve water and sewer systems by increasing 
energy efficiency in such systems by not less than 25 per-
cent. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section
268
$1,000,000,000 for each of 10 fiscal years beginning with 
the first fiscal year after the date of enactment of this 
Act. 
(c) LABOR STANDARDS.—The Secretary of Transpor-
tation shall not provide a grant under this section unless 
the Secretary receives reasonable assurances from a State 
that laborers and mechanics employed by contractors or 
subcontractors in the performance of construction or mod-
ernization on a water or sewer system improvement 
project will be paid wages not less than those prevailing 
on similar construction or modernization in the locality as 
determined by the Secretary of Labor under the Act of 
March 3, 1931 (known as the Davis-Bacon Act) (40 
U.S.C. 276a et seq.). 
(d) DEFINITIONS.—
(1) GENERAL DEFINITIONS.—For purposes of 
this section, the terms ‘‘capital project’’, ‘‘local gov-
ernmental authority’’, and ‘‘mass transportation’’ 
have the same meanings such terms have in section 
5302 of title 49, United States Code. 
(2) STATE DEFINED.—For purposes of this sec-
tion, the term ‘‘State’’ means a State of the United 
States, the District of Columbia, Puerto Rico, the 
Northern Mariana Islands, Guam, American Samoa, 
and the United States Virgin Islands.
269
SEC. 410. LOANS FOR HIGH-EFFICIENCY VEHICLES. 
(a) LOAN PROGRAM AUTHORIZED.—Subject to the 
availability of appropriations, the Secretary of Transpor-
tation shall establish a program to offer federally financed, 
interest-free loans to local educational agencies, public in-
stitutions of higher education, municipalities, and local 
governments for the purchase of hybrid electric vehicles 
or high-efficiency vehicles. 
(b) REPAYMENT TERM.—The time for repayment of 
a loan under this section may not exceed 5 years. 
(c) SECURITY INTEREST.—The Secretary shall re-
quire, as a condition of a loan under this section, that 
the borrower grant to the United States a security interest 
in any vehicle purchased with the proceeds of such loan. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘high-efficiency vehicle’’ means a 
motor vehicle the fuel economy of which is rated at 
not less than 40 miles per gallon. 
(2) The term ‘‘hybrid electric vehicle’’ means a 
motor vehicle with a fuel-efficient gasoline engine as-
sisted by an electric motor. 
(3) The term ‘‘motor vehicle’’ has the meaning 
given that term in section 30102(a)(6) of title 49, 
United States Code. 
(4) The term ‘‘local educational agency’’ has 
the meaning given that term in the Elementary and
270
Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.). 
(5) The term ‘‘public institution of higher edu-
cation’’ has the meaning given the term ‘‘institution 
of higher education’’ in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)), but 
does not include private institutions described in 
that section. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$50,000,000 for each of fiscal years 2006 through 2011 
and such sums as may be necessary for each fiscal year 
thereafter. 
SEC. 
411. 
REQUIREMENT 
REGARDING 
PURCHASE 
OF 
MOTOR VEHICLES BY EXECUTIVE AGENCIES. 
(a) IN GENERAL.—At least ten percent of the motor 
vehicles purchased by an Executive agency in any fiscal 
year shall be comprised of high-efficiency vehicles or hy-
brid electric vehicles. 
(b) DEFINITIONS.—In this Act: 
(1) The term ‘‘Executive agency’’ has the 
meaning given that term in section 105 of title 5, 
United States Code, but also includes Amtrak, the 
Smithsonian Institution, and the United States 
Postal Service.
271
(2) The term ‘‘high-efficiency vehicle’’ means a 
motor vehicle the fuel economy of which is rated at 
not less than 40 miles per gallon. 
(3) The term ‘‘hybrid electric vehicle’’ means a 
motor vehicle with a fuel-efficient gasoline engine as-
sisted by an electric motor. 
(4) The term ‘‘motor vehicle’’ has the meaning 
given that term in section 102(7) of title 40, United 
States Code. 
(c) PRO-RATED APPLICABILITY IN YEAR OF ENACT-
MENT.—In the fiscal year in which this Act is enacted, 
the requirement in subsection (a) shall only apply with re-
spect to motor vehicles purchased after the date of the 
enactment of this Act in such fiscal year. 
SEC. 412. FEDERAL ENERGY EFFICIENCY. 
The President shall take measures necessary to en-
sure that electricity consumption for nondefense related 
activities of the Federal Government shall be decreased 
by 35 percent by 2015. 
SEC. 413. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE 
AND 
BIODIESEL 
PURCHASING 
REQUIRE-
MENT. 
Title III of the Energy Policy Act of 1992 is amended 
by striking section 306 (42 U.S.C. 13215) and inserting 
the following:
272
‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASO-
LINE AND BIODIESEL PURCHASING REQUIRE-
MENT. 
‘‘(a) ETHANOL-BLENDED GASOLINE.—The head of 
each Federal agency shall ensure that, in areas in which 
ethanol-blended gasoline is reasonably available at a gen-
erally competitive price, the Federal agency purchases eth-
anol-blended gasoline containing at least 85 percent eth-
anol rather than nonethanol-blended gasoline, for use in 
vehicles used by the agency that use gasoline. If 85 per-
cent ethanol-blended gasoline is not reasonably available, 
then each agency shall purchase ethanol-blended gasoline 
containing at least 10 percent ethanol in areas in which 
ethanol-blended gasoline is reasonably available at a gen-
erally competitive price. 
‘‘(b) BIODIESEL.—
‘‘(1) DEFINITION OF BIODIESEL.—In this sub-
section, the term ‘biodiesel’ has the meaning given 
the term in section 312(f). 
‘‘(2) REQUIREMENT.—The head of each Fed-
eral agency shall ensure that the Federal agency 
purchases, for use in fueling fleet vehicles that use 
diesel fuel used by the Federal agency at the loca-
tion at which fleet vehicles of the Federal agency are 
centrally fueled, in areas in which the biodiesel-
blended diesel fuel described in subparagraphs (A)
273
and (B) is available at a generally competitive 
price—
‘‘(A) as of the date that is 5 years after 
the date of enactment of this paragraph, bio-
diesel-blended diesel fuel that contains at least 
2 percent biodiesel, rather than nonbiodiesel-
blended diesel fuel; and 
‘‘(B) as of the date that is 10 years after 
the date of enactment of this paragraph, bio-
diesel-blended diesel fuel that contains at least 
20 percent biodiesel, rather than nonbiodiesel-
blended diesel fuel. 
‘‘(3) REQUIREMENT
OF
FEDERAL
LAW.—The 
provisions of this subsection shall not be considered 
a requirement of Federal law for the purposes of 
section 312. 
‘‘(c) EXEMPTION.—This section does not apply to 
fuel used in vehicles excluded from the definition of ‘fleet’ 
by subparagraphs (A) through (H) of section 301(9).’’. 
SEC. 414. PERMITTING OF WIND ENERGY DEVELOPMENT 
PROJECTS ON PUBLIC LANDS. 
(a) REQUIRED POLICIES AND PROCEDURES.—The 
Secretary of the Interior shall process right-of-way appli-
cations for wind energy site testing and monitoring facili-
ties on public lands administered by the Bureau of Land
274
Management in accordance with policies and procedures 
that are substantially the same as those set forth in Bu-
reau of Land Management Instruction Memorandum No. 
9 2003–020, dated October 16, 2002. 
(b) LIMITATION ON RENT AND OTHER CHARGES.—
(1) IN GENERAL.—The Secretary of the Inte-
rior may not impose rent and other charges with re-
spect to any wind energy development project on 
public lands that, in the aggregate, exceed 50 per-
cent of the maximum amount of rent that could be 
charged with respect to that project under the terms 
of the Bureau of Land Management Instruction 
Memorandum referred to in subsection (a). 
(2) TERMINATION.—Paragraph (1) shall not 
apply after the earlier of—
(A) the date on which the Secretary of the 
Interior determines there exists at least 10,000 
megawatts of electricity generating capacity 
from nonhydropower renewable energy re-
sources on public lands; or 
(B) the end of the 10-year period begin-
ning on the date of the enactment of this Act. 
(3) STATE SHARE NOT AFFECTED.—This sub-
section shall not affect any State share of rent and
275
other charges with respect to any wind energy devel-
opment project on public lands. 
SEC. 415. 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) PAYMENT OF COSTS.—Section 802 of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8287a) 
is amended by inserting ‘‘, water, or wastewater treat-
ment’’ after ‘‘payment of energy’’. 
(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 reduc-
tion in the cost of energy, water, or wastewater 
treatment, from a base cost established through a 
methodology set forth in the contract, used in an ex-
isting federally owned building or buildings or other 
federally owned facilities as a result of—
‘‘(A) the lease or purchase of operating 
equipment, improvements, altered operation and 
maintenance, or technical services; 
‘‘(B) the increased efficient use of existing 
energy sources by cogeneration or heat recov-
ery, excluding any cogeneration process for
276
other than a federally owned building or build-
ings or other federally owned facilities; or 
‘‘(C) the increased efficient use of existing 
water sources in either interior or exterior ap-
plications.’’. 
(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 that provides for the performance of services 
for the design, acquisition, installation, testing, and, 
where appropriate, operation, maintenance, and re-
pair, of an identified energy or water conservation 
measure or series of measures at 1 or more loca-
tions. Such contracts shall, with respect to an agen-
cy facility that is a public building (as such term is 
defined in section 3301 of title 40, United States 
Code), be in compliance with the prospectus require-
ments and procedures of section 3307 of title 40, 
United States Code.’’. 
(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: