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‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gather
and use the metering information to track
and reduce energy use;
‘‘(iii) establish 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 minimus quantity of energy use
of a Federal building, industrial process, or
structure.
‘‘(3) PLAN.—No later than 6 months after
the date guidelines are established under para-
graph (2), in a report submitted by the agency
under section 548(a), each agency shall submit to
the Secretary a plan describing how the agency
will implement the requirements of paragraph
(1), including (A) how the agency will designate
personnel primarily responsible for achieving the
requirements and (B) demonstration by the
agency, complete with documentation, of any
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finding that advanced meters or advanced meter-
ing devices, as defined in paragraph (1), are not
practicable.’’.
SEC. 913. FEDERAL BUILDING PERFORMANCE STANDARDS.
(a) REVISED STANDARDS.—Section 305(a) of the En-
ergy Conservation and Production 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
Secretary of Energy shall establish, by rule, re-
vised Federal building energy efficiency perform-
ance standards that require that, if cost-
effective—
‘‘(i) new commercial buildings and
multifamily high rise residential buildings
be constructed so as to achieve the applica-
ble Energy Star building energy perform-
ance ratings or energy consumption levels
at least 30 percent below those of the most
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recent ASHRAE Standard 90.1, whichever
results in the greater increase in energy effi-
ciency;
‘‘(ii) new residential buildings (other
than those described in clause (i)) be con-
structed so as to achieve the applicable En-
ergy Star building energy performance rat-
ings or achieve energy consumption levels at
least 30 percent below the requirements of
the most recent version of the International
Energy Conservation Code, whichever re-
sults in the greater increase in energy effi-
ciency; and
‘‘(iii) sustainable design principles are
applied to the siting, design, and construc-
tion of all new and replacement buildings.
‘‘(B) ADDITIONAL
REVISIONS.—Not later
than 1 year after the date of approval of amend-
ments 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 paragraph should be up-
dated to reflect the amendments.
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‘‘(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 Pol-
icy Act (42 U.S.C. 8258(a)), the head of each
Federal agency shall include—
‘‘(i) a list of all new Federal buildings
of the Federal agency; and
‘‘(ii) a statement concerning whether
the Federal buildings meet or exceed the re-
vised standards established under this para-
graph, including a monitoring and commis-
sioning report that is in compliance with
the measurement and verification protocols
of the Department of Energy.
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
such sums as are necessary to carry out this
paragraph and to implement the revised stand-
ards established under this paragraph.’’.
(b) ENERGY LABELING PROGRAM.—Section 305(a) of
the Energy Conservation and Production Act (42 U.S.C.
6834(a)) is further amended by adding at the end the fol-
lowing:
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‘‘(e) ENERGY LABELING PROGRAM.—The Secretary of
Energy, in cooperation with the Administrator of the Envi-
ronmental Protection Agency, shall develop an energy label-
ing program for new Federal buildings that exceed the re-
vised standards established under subsection (a)(3) by 15
percent or more.’’.
SEC. 914. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.
(a) REQUIREMENTS.—Part 3 of title V of the National
Energy Conservation Policy Act is amended by adding at
the end the following:
‘‘SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT
PRODUCTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ENERGY STAR PRODUCT.—The term ‘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 Conservation
Act.
‘‘(3) EXECUTIVE AGENCY.—The term ‘executive
agency’ has the meaning given the term in section 4
of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
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‘‘(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 requirements
of an executive agency for an energy consuming prod-
uct, 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—
‘‘(A) an Energy Star product or FEMP des-
ignated product is not cost effective over the life
cycle of the product; or
‘‘(B) no Energy Star product or FEMP des-
ignated product is reasonably available that
meets the requirements of the executive agency.
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‘‘(3) PROCUREMENT PLANNING.—The head of an
executive agency shall incorporate into the specifica-
tions for all procurements involving energy con-
suming products and systems, and into the factors for
the evaluation of offers received for the procurement,
criteria for energy efficiency that are consistent with
the criteria used for rating Energy Star products and
for rating FEMP designated products.
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN
FEDERAL CATALOGS.—Energy Star and FEMP designated
products shall be clearly identified and prominently dis-
played in any inventory or listing of products by the Gen-
eral Services Administration or the Defense Logistics Agen-
cy.
(b) CONFORMING AMENDMENT.—The table of contents
in section 1(b) of the National Energy Conservation Policy
Act (42 U.S.C. 8201 note) is amended by inserting after
the item relating to section 551 the following:
‘‘Sec. 552. Federal Government procurement of energy efficient products.’’
(c) REGULATIONS.—Not later than 180 days after the
effective date specified in subsection (f), the Secretary of En-
ergy shall issue guidelines to carry out section 552 of the
National Energy Conservation Policy Act (as added by sub-
section (a)).
(d) DESIGNATION OF ENERGY STAR PRODUCTS.—The
Administrator of the Environmental Protection Agency and
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the Secretary of Energy shall expedite the process of desig-
nating products as Energy Star products (as defined in sec-
tion 552 of the National Energy Conservation Policy Act
(as added by subsection (a)).
(e) DESIGNATION OF ELECTRIC MOTORS.—In the case
of electric motors of 1 to 500 horsepower, agencies shall se-
lect only premium efficient motors that meet a standard
designated by the Secretary. The Secretary shall designate
such a standard within 120 days of the enactment of this
paragraph, after considering the recommendations of asso-
ciated electric motor manufacturers and energy efficiency
groups.
(f) EFFECTIVE DATE.—Subsection (a) and the amend-
ment made by that subsection take effect on the date that
is 180 days after the date of enactment of this Act.
SEC. 915. REPEAL OF ENERGY SAVINGS PERFORMANCE
CONTRACT SUNSET.
Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is repealed.
SEC. 916. ENERGY SAVINGS PERFORMANCE CONTRACT
DEFINITIONS.
(a) ENERGY SAVINGS.—Section 804(2) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is
amended to read as follows:
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‘‘(2) The term ‘energy savings’ means a reduc-
tion in the cost of energy or water, from a base cost
established through a methodology set forth in the con-
tract, used in an existing federally owned building or
buildings or other federally owned facilities as a re-
sult 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 recovery,
excluding any cogeneration process for other
than a federally owned building or buildings or
other federally owned facilities; or
‘‘(C) the increased efficient use of existing
water sources.’’.
(b) 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 ‘en-
ergy savings performance contract’ mean a contract
which provides for the performance of services for the
design, acquisition, installation, testing, operation,
and, where appropriate, maintenance and repair, of
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an identified energy or water conservation measure or
series of measures at one or more locations.’’.
(c) ENERGY OR WATER CONSERVATION MEASURE.—
Section 804(4) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(4)) is amended to read as follows:
‘‘(4) The term ‘energy or water conservation
measure’ means—
‘‘(A) an energy conservation measure, as de-
fined in section 551(4) (42 U.S.C. 8259(4)); or
‘‘(B) a water conservation measure that im-
proves water efficiency, is life cycle cost effective,
and involves water conservation, water recycling
or reuse, more efficient treatment of wastewater
or stormwater, improvements in operation or
maintenance efficiencies, retrofit activities or
other related activities, not at a Federal hydro-
electric facility.’’.
SEC. 917. REVIEW OF ENERGY SAVINGS PERFORMANCE
CONTRACT PROGRAM.
Within 180 days after the date of the enactment of this
Act, 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 increas-
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ing program flexibility and effectiveness, including audit
and measurement verification requirements, accounting for
energy use in determining savings, contracting require-
ments, and energy efficiency services covered. The Secretary
shall report these findings to the Committee on Energy and
Commerce of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate, and
shall implement identified administrative and regulatory
changes to increase program flexibility and effectiveness to
the extent that such changes are consistent with statutory
authority.
SEC. 918. FEDERAL ENERGY BANK.
Part 3 of title V of the National Energy Conservation
Policy Act is amended by adding at the end the following:
‘‘SEC. 553. FEDERAL ENERGY BANK.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BANK.—The term ‘Bank’ means the Federal
Energy Bank established by subsection (b).
‘‘(2) ENERGY OR WATER EFFICIENCY PROJECT.—
The term ‘energy or water efficiency project’ means a
project that assists a Federal agency in meeting or ex-
ceeding the energy or water efficiency requirements
of—
‘‘(A) this part;
‘‘(B) title VIII;
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‘‘(C) subtitle F of title I of the Energy Pol-
icy Act of 1992 (42 U.S.C. 8262 et seq.); or
‘‘(D) any applicable Executive order, in-
cluding Executive Order No. 13123.
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal
agency’ means—
‘‘(A) an Executive agency (as defined in
section 105 of title 5, United States Code);
‘‘(B) the United States Postal Service;
‘‘(C) Congress and any other entity in the
legislative branch; and
‘‘(D) a Federal court and any other entity
in the judicial branch.
‘‘(b) ESTABLISHMENT OF BANK.—
‘‘(1) IN GENERAL.—There is established in the
Treasury of the United States a fund to be known as
the ‘Federal Energy Bank’, consisting of—
‘‘(A) such amounts as are deposited in the
Bank under paragraph (2);
‘‘(B) such amounts as are repaid to the
Bank under subsection (c)(2)(D); and
‘‘(C) any interest earned on investment of
amounts in the Bank under paragraph (3).
‘‘(2) DEPOSITS IN BANK.—
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‘‘(A) IN
GENERAL.—Subject to the avail-
ability of appropriations and to subparagraph
(B), the Secretary of the Treasury shall deposit
in the Bank an amount equal to $250,000,000 in
fiscal year 2003 and in each fiscal year there-
after.
‘‘(B) MAXIMUM AMOUNT IN BANK.—Depos-
its under subparagraph (A) shall cease beginning
with the fiscal year following the fiscal year in
which the amounts in the Bank (including
amounts on loan from the Bank) become equal to
or exceed $1,000,000,000.
‘‘(3) INVESTMENT OF AMOUNTS.—The Secretary
of the Treasury shall invest such portion of the Bank
as is not, in the judgment of the Secretary, required
to meet current withdrawals. Investments may be
made only in interest-bearing obligations of the
United States.
‘‘(c) LOANS FROM THE BANK.—
‘‘(1) IN GENERAL.—The Secretary of the Treas-
ury shall transfer from the Bank to the Secretary
such amounts as are appropriated to carry out the
loan program under paragraph (2).
‘‘(2) LOAN PROGRAM.—
‘‘(A) ESTABLISHMENT.—
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‘‘(i) IN GENERAL.—In accordance with
subsection (d), the Secretary, in consulta-
tion with the Secretary of Defense, the Ad-
ministrator of General Services, and the Di-
rector of the Office of Management and
Budget, shall establish a program to make
loans of amounts in the Bank to any Fed-
eral agency that submits an application
satisfactory to the Secretary in order to pay
the costs of a project described in subpara-
graph (C).
‘‘(ii) 
COMMENCEMENT
OF
OPER-
ATIONS.—The Secretary may begin—
‘‘(I) accepting applications for
loans from the Bank in fiscal year
2002; and
‘‘(II) making loans from the Bank
in fiscal year 2003.
‘‘(B) ENERGY SAVINGS PERFORMANCE CON-
TRACTING FUNDING.—To the extent practicable,
an agency shall not submit a project for which
energy performance contracting funding is avail-
able and is acceptable to the Federal agency
under title VIII.
‘‘(C) PURPOSES OF LOAN.—
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‘‘(i) IN
GENERAL.—A loan from the
Bank may be used to pay—
‘‘(I) the costs of an energy or
water efficiency project, or a renewable
or alternative energy project, for a new
or existing Federal building (including
selection and design of the project);
‘‘(II) the costs of an energy meter-
ing plan and metering equipment in-
stalled pursuant to section 543(e) or
for the purpose of verification of the
energy savings under an energy sav-
ings performance contract under title
VIII; or
‘‘(III) at the time of contracting,
the costs of cofunding of an energy sav-
ings performance contract (including a
utility energy service agreement) in
order to shorten the payback period of
the project that is the subject of the en-
ergy savings performance contract.
‘‘(ii) LIMITATION.—A Federal agency
may use not more than 10 percent of the
amount of a loan under subclause (I) or
(II) of clause (i) to pay the costs of admin-
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istration and proposal development (includ-
ing data collection and energy surveys).
‘‘(iii) RENEWABLE AND ALTERNATIVE
ENERGY PROJECTS.—Not more than 25 per-
cent of the amount on loan from the Bank
at any time may be loaned for renewable
energy and alternative energy projects (as
defined by the Secretary in accordance with
applicable law (including Executive Or-
ders)).
‘‘(D) REPAYMENTS.—
‘‘(i) IN GENERAL.—Subject to clauses
(ii) through (iv), a Federal agency shall
repay to the Bank the principal amount of
a loan plus interest at a rate determined by
the President, in consultation with the Sec-
retary and the Secretary of the Treasury.
‘‘(ii) WAIVER OR REDUCTION OF IN-
TEREST.—The Secretary may waive or re-
duce the rate of interest required to be paid
under clause (i) if the Secretary determines
that payment of interest by a Federal agen-
cy at the rate determined under that clause
is not required to fund the operations of the
Bank.
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‘‘(iii) DETERMINATION
OF
INTEREST
RATE.—The interest rate determined under
clause (i) shall be at a rate that is sufficient
to ensure that, beginning not later than Oc-
tober 1, 2007, interest payments will be suf-
ficient to fully fund the operations of the
Bank.
‘‘(iv) INSUFFICIENCY
OF
APPROPRIA-
TIONS.—
‘‘(I) REQUEST
FOR
APPROPRIA-
TIONS.—As part of the budget request
of the Federal agency for each fiscal
year, the head of each Federal agency
shall submit to the President a request
for such amounts as are necessary to
make such repayments as are expected
to become due in the fiscal year under
this subparagraph.
‘‘(II) SUSPENSION OF REPAYMENT
REQUIREMENT.—If, 
for 
any 
fiscal
year, sufficient appropriations are not
made available to a Federal agency to
make repayments under this subpara-
graph, the Bank shall suspend the re-
quirement of repayment under this
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subparagraph until such appropria-
tions are made available.
‘‘(E) FEDERAL
AGENCY
ENERGY
BUDG-
ETS.—Until a loan is repaid, a Federal agency
budget submitted by the President to Congress
for a fiscal year shall not be reduced by the value
of energy savings accrued as a result of any en-
ergy conservation measure implemented using
amounts from the Bank.
‘‘(F) NO
RESCISSION
OR
REPROGRAM-
MING.—A Federal agency shall not rescind or re-
program loan amounts made available from the
Bank except as permitted under guidelines issued
under subparagraph (G).
‘‘(G) GUIDELINES.—The Secretary shall
issue guidelines for implementation of the loan
program under this paragraph, including selec-
tion criteria, maximum loan amounts, and loan
repayment terms.
‘‘(d) SELECTION CRITERIA.—
‘‘(1) IN GENERAL.—The Secretary shall establish
criteria for the selection of projects to be awarded
loans in accordance with paragraph (2).
‘‘(2) SELECTION CRITERIA.—
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‘‘(A) IN
GENERAL.—The Secretary may
make loans from the Bank only for a project
that—
‘‘(i) is technically feasible;
‘‘(ii) is determined to be cost-effective
using life cycle cost methods established by
the Secretary;
‘‘(iii) includes a measurement and
management component, based on the meas-
urement and verification protocols of the
Department of Energy, to—
‘‘(I) commission energy savings
for new and existing Federal facilities;
‘‘(II) monitor and improve energy
efficiency management at existing Fed-
eral facilities; and
‘‘(III) verify the energy savings
under an energy savings performance
contract under title VIII; and
‘‘(iv)(I) in the case of a renewable en-
ergy or alternative energy project, has a
simple payback period of not more than 15
years; and
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‘‘(II) in the case of any other project,
has a simple payback period of not more
than 10 years.
‘‘(B) PRIORITY.—In selecting projects, the
Secretary shall give priority to projects that—
‘‘(i) are a component of a comprehen-
sive energy management project for a Fed-
eral facility; and
‘‘(ii) are designed to significantly re-
duce the energy use of the Federal facility.
‘‘(e) REPORTS AND AUDITS.—
‘‘(1) REPORTS TO THE SECRETARY.—Not later
than 1 year after the completion of installation of a
project that has a cost of more than $1,000,000, and
annually thereafter, a Federal agency shall submit to
the Secretary a report that—
‘‘(A) states whether the project meets or fails
to meet the energy savings projections for the
project; and
‘‘(B) for each project that fails to meet the
energy savings projections, states the reasons for
the failure and describes proposed remedies.
‘‘(2) AUDITS.—The Secretary may audit, or re-
quire a Federal agency that receives a loan from the
Bank to audit, any project financed with amounts
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from the Bank to assess the performance of the
project.
‘‘(3) REPORTS
TO
CONGRESS.—At the end of
each fiscal year, the Secretary shall submit to Con-
gress a report on the operations of the Bank, includ-
ing a statement of—
‘‘(A) the total receipts by the Bank;
‘‘(B) the total amount of loans from
the Bank to each Federal agency; and
‘‘(C) the estimated cost and energy sav-
ings resulting from projects funded with
loans from the Bank.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.’’.
SEC. 919. ENERGY AND WATER SAVING MEASURES IN CON-
GRESSIONAL BUILDINGS.
(a) IN GENERAL.—Part 3 of title V of the National
Energy Conservation Policy Act is amended by adding at
the end:
‘‘SEC. 554. 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
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(referred to in this section as the ‘‘plan’’) for all fa-
cilities administered by the Congress (referred to in
this section as ‘congressional buildings’) to meet the
energy performance requirements for Federal build-
ings 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 sec-
tion.
‘‘(b) PLAN REQUIREMENTS.—The plan shall include—
‘‘(1) a description of the life-cycle cost analysis
used to determine the cost-effectiveness of proposed en-
ergy efficiency projects;
‘‘(2) a schedule of energy surveys to ensure com-
plete surveys of all congressional buildings every 5
years to determine the cost and payback period of en-
ergy 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 bene-
fits of installation of submetering in congressional
buildings; and
‘‘(5) information packages and ‘how-to’ guides
for each Member and employing authority of Congress
that detail simple, cost-effective methods to save en-
ergy and taxpayer dollars in the workplace.
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‘‘(c) CONTRACTING AUTHORITY.—The Architect—
‘‘(1) may contract with nongovernmental entities
and use private sector capital to finance energy con-
servation projects and meet energy performance re-
quirements; and
‘‘(2) may use innovative contracting methods
that will attract private sector funding for the instal-
lation of energy efficient and renewable energy tech-
nology, such as energy savings performance contracts
described in title VIII.
‘‘(d) CAPITOL VISITOR CENTER.—The Architect—
‘‘(1) shall ensure that state-of-the-art energy effi-
ciency and renewable energy technologies are used in
the construction and design of the Visitor Center; and
‘‘(2) shall include in the Visitor Center an ex-
hibit on the energy efficiency and renewable energy
measures used in congressional buildings.
‘‘(e) ANNUAL REPORT.—The Architect shall submit to
Congress annually a report on congressional energy man-
agement 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
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‘‘(3) future priorities to ensure compliance with
this section.’’.
(b) REPEAL.—Section 310 of the Legislative Branch
Appropriations Act, 1999 (40 U.S.C. 166i), is repealed.
SEC. 920. INCREASED USE OF RECOVERED MATERIAL IN
FEDERALLY FUNDED PROJECTS INVOLVING
PROCUREMENT OF CEMENT OR CONCRETE.
(a) DEFINITIONS.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) AGENCY
HEAD.—The term ‘‘agency head’’
means—
(A) the Secretary of Transportation; and
(B) the head of each other Federal agency
that on a regular basis procures, or provides
Federal funds to pay or assist in paying the cost
of procuring, material for cement or concrete
projects.
(3) 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—
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(A) involves the procurement of cement or
concrete; and
(B) is carried out in whole or in part using
Federal funds.
(4) RECOVERED MATERIAL.—The term ‘‘recov-
ered material’’ means—
(A) ground granulated blast furnace slag;
(B) coal combustion fly ash; and
(C) any other waste material or byproduct
recovered or diverted from solid waste that the
Administrator, in consultation with an agency
head, determines should be treated as recovered
material 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 Act, the Administrator
and each agency head shall take such actions as are
necessary to implement fully all procurement require-
ments and incentives in effect as of the date of enact-
ment of this Act (including guidelines under section
6002 of the Solid Waste Disposal Act (42 U.S.C.
6963)) that provide for the use of cement and concrete
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incorporating recovered material in cement or con-
crete projects.
(2) PRIORITY.—In carrying out paragraph (1)
an agency head shall give priority to achieving great-
er use of recovered material in cement or concrete
projects for which recovered materials historically
have not been used or have been used only minimally.
(c) FULL IMPLEMENTATION STUDY.—
(1) IN GENERAL.—The Administrator and the
Secretary of Transportation, in cooperation with the
Secretary of Energy, shall conduct a study to deter-
mine the extent to which current procurement require-
ments, when fully implemented in accordance with
subsection (b), may realize energy savings and green-
house gas emission reduction benefits attainable with
substitution of recovered material in cement used in
cement or concrete projects.
(2) MATTERS
TO
BE
ADDRESSED.—The study
shall—
(A) quantify the extent to which recovered
materials are being substituted for Portland ce-
ment, particularly as a result of current procure-
ment requirements, and the energy savings and
greenhouse gas emission reduction benefits asso-
ciated with that substitution;
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(B) identify all barriers in procurement re-
quirements to fuller realization of energy savings
and greenhouse gas emission reduction benefits,
including barriers resulting from exceptions from
current law; and
(C)(i) identify potential mechanisms to
achieve greater substitution of recovered material
in types of cement or concrete projects for which
recovered materials historically have not been
used or have been used only minimally;
(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substi-
tution rates of recovered material in those ce-
ment or concrete projects; and
(iii) identify any potential environmental
or economic effects that may result from greater
substitution of recovered material in those ce-
ment or concrete projects.
(3) REPORT.—Not later than 30 months after the
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Appropriations and Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Appropriations and Com-
mittee on Energy and Commerce of the House of Rep-
resentatives a report on the study.
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(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—
Within 1 year of the release of the report in accordance with
subsection (c)(3), the Administrator and each agency head
shall take additional actions authorized under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) to establish
procurement requirements and incentives that provide for
the use of cement and concrete with increased substitution
of recovered material in the construction and maintenance
of cement or concrete projects, so as to—
(1) realize more fully the energy savings and
greenhouse gas emission reduction benefits associated
with increased substitution; and
(2) eliminate barriers identified under subsection
(c).
(e) EFFECT OF SECTION.—Nothing in this section af-
fects the requirements of section 6002 of the Solid Waste
Disposal Act (42 U.S.C. 6962) (including the guidelines
and specifications for implementing those requirements).
Subtitle C—Industrial Efficiency
and Consumer Products
SEC. 921. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY.
(a) VOLUNTARY AGREEMENTS.—The Secretary of En-
ergy shall enter into voluntary agreements with one or more
persons in industrial sectors that consume significant
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amounts of primary energy per unit of physical output to
reduce the energy intensity of their production activities.
(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 2002 through 2012.
(c) RECOGNITION.—The Secretary of Energy, in co-
operation with the Administrator of the Environmental
Protection Agency and other appropriate Federal agencies,
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 in-
tensity’’ 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 appropriate
to assist in the achievement of those goals.
(f) REPORT.—Not later than June 30, 2008 and June
30, 2012, the Secretary shall submit to Congress a report
that evaluates the success of the voluntary agreements, with
independent verification of a sample of the energy savings
estimates provided by participating firms.
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SEC. 922. AUTHORITY TO SET STANDARDS FOR COMMER-
CIAL PRODUCTS.
Part B of title III of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6291 et seq.) is amended as follows:
(1) In the heading for such part, by inserting
‘‘AND COMMERCIAL’’ after ‘‘CONSUMER’’.
(2) In section 321(2), by inserting ‘‘or commer-
cial’’ after ‘‘consumer’’.
(3) In paragraphs (4), (5), and (15) of section
321, by striking ‘‘consumer’’ each place it appears
and inserting ‘‘covered’’.
(4) In section 322(a), by inserting ‘‘or commer-
cial’’ after ‘‘consumer’’ the first place it appears in
the material preceding paragraph (1).
(5) In section 322(b), by inserting ‘‘or commer-
cial’’ after ‘‘consumer’’ each place it appears.
(6) In section 322 (b)(1)(B) and (b)(2)(A), by
inserting ‘‘or per-business in the case of a commercial
product’’ after ‘‘per-household’’ each place it appears.
(7) In section 322 (b)(2)(A), by inserting ‘‘or
businesses in the case of commercial products’’ after
‘‘households’’ each place it appears.
(8) In section 322 (B)(2)(C)—
(A) by striking ‘‘term’’ and inserting
‘‘terms’’; and
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(B) by inserting ‘‘and ‘business’ ’’ after
‘‘ ‘household’ ’’.
(9) In section 323 (b)(1) (B) by inserting ‘‘or
commercial’’ after ‘‘consumer’’.
SEC. 923. ADDITIONAL DEFINITIONS.
Section 321 of the Energy Policy and Conservation Act
(42 U.S.C. 6291) is amended by adding at the end the fol-
lowing:
‘‘(32) The term ‘battery charger’ means a device
that charges batteries for consumer products.
‘‘(33) The term ‘commercial refrigerator, freezer
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 involved
in the vapor-compression cycle and the refrig-
erated 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 current
or lower-voltage AC current to operate a consumer
product.
‘‘(35) The term ‘illuminated exit sign’ means a
sign that—
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‘‘(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 leg-
end, any directional indicators, and the
background.
‘‘(36)(A) Except as provided in subsection (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 transformer’
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
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transformers commonly known as drive trans-
formers, rectifier transformers, autotransformers,
Uninterruptible Power System transformers, im-
pedance transformers, harmonic transformers,
regulating transformers, sealed and nonven-
tilating transformers, machine tool transformers,
welding transformers, grounding transformers, or
testing transformers; 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 lowest
amount of electric power used by a household appli-
ance when not performing its active functions, as de-
fined on an individual product basis by the Sec-
retary.
‘‘(38) The term ‘torchiere’ means a portable elec-
tric lamp with a reflector bowl that directs light up-
ward 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-
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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 within
the heated space, except that such term does not in-
clude a warm air furnace.
‘‘(41) The term ‘traffic signal module’ means a
standard 8-inch (200mm) or 12-inch (300mm) traffic
signal indication, consisting of a light source, a lens,
and all other parts necessary for operation, that com-
municates movement messages to drivers through red,
amber, and green colors.’’.
SEC. 924. ADDITIONAL TEST PROCEDURES.
(a) EXIT SIGNS.—Section 323(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6293) is amended by add-
ing at the end the following:
‘‘(9) Test procedures for illuminated exit signs
shall be based on the test method used under the En-
ergy Star program of the Environmental Protection
Agency for illuminated exit signs, as in effect on the
date of enactment of this paragraph.
‘‘(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-
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scribed by the National Electrical Manufacturers As-
sociation (NEMA TP 2–1998). The Secretary may re-
view and revise this test procedure based on future re-
visions to such standard test method.
‘‘(11) Test procedures for traffic signal modules
shall be based on the test method used under the En-
ergy Star program of the Environmental Protection
Agency for traffic signal modules, as in effect on the
date of enactment of this paragraph.’’.
(b) ADDITIONAL CONSUMER AND COMMERCIAL PROD-
UCTS.—Section 323 of the Energy Policy and Conservation
Act (42 U.S.C. 6293) is further amended by adding at the
end the following:
‘‘(f) ADDITIONAL CONSUMER AND COMMERCIAL PROD-
UCTS.—The Secretary shall within 24 months after the date
of enactment of this subsection prescribe testing require-
ments for suspended ceiling fans, refrigerated bottled or
canned beverage vending machines, commercial unit heat-
ers, and commercial refrigerators, freezers and refrigerator-
freezers. Such testing requirements shall be based on exist-
ing 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.’’.
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SEC. 925. 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 following:
‘‘(F) Not later than 3 months after the date
of enactment of this subparagraph, the Commis-
sion shall initiate a rulemaking to consider the
effectiveness of the current consumer products la-
beling program in assisting consumers in mak-
ing purchasing decisions and improving energy
efficiency and to consider changes to the labeling
rules that would improve the effectiveness of con-
sumer product labels. Such rulemaking shall be
completed within 15 months of the date of enact-
ment of this subparagraph.’’.
(b) RULEMAKING
ON LABELING
FOR ADDITIONAL
PRODUCTS.—Section 324(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)) is further amended by
adding at the end the following:
‘‘(5) The Secretary shall within 6 months after
the date on which energy conservation standards are
prescribed by the Secretary for covered products re-
ferred to in subsections (u) and (v) of section 325,
and within 18 months of enactment of this paragraph
for products referred to in subsections (w) through (y)