II 
Calendar No. 85
108TH CONGRESS 
1ST SESSION 
H. R. 6
IN THE SENATE OF THE UNITED STATES 
APRIL 29, 2003
Received 
MAY 5, 2003
Read the first time 
MAY 6, 2003
Read the second time and placed on the calendar 
AN ACT 
To enhance energy conservation and research and develop-
ment, to provide for security and diversity in the energy 
supply for the American people, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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.
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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
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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.
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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.
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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
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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
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Sec. 21301. Renewable energy. 
PART 2—BIOENERGY 
Sec. 21311. Bioenergy programs. 
PART 3—MISCELLANEOUS PROJECTS 
Sec. 21321. Miscellaneous projects. 
Sec. 21322. Renewable energy in public buildings. 
Subtitle D—Nuclear Energy 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
Sec. 21401. Nuclear energy. 
PART 2—NUCLEAR ENERGY RESEARCH PROGRAMS 
Sec. 21411. Nuclear energy research programs. 
PART 3—ADVANCED FUEL RECYCLING 
Sec. 21421. Advanced fuel recycling program. 
PART 4—UNIVERSITY PROGRAMS 
Sec. 21431. University nuclear science and engineering support. 
PART 5—GEOLOGICAL ISOLATION OF SPENT FUEL 
Sec. 21441. Geological isolation of spent fuel. 
Subtitle E—Fossil Energy 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
Sec. 21501. Fossil energy. 
PART 2—RESEARCH PROGRAMS 
Sec. 21511. Fossil energy research programs. 
Sec. 21512. Research and development for coal mining technologies. 
PART 3—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND 
OTHER PETROLEUM RESOURCES 
Sec. 21521. Program authority. 
Sec. 21522. Ultra-deepwater program. 
Sec. 21523. Unconventional natural gas and other petroleum resources pro-
gram. 
Sec. 21524. Additional requirements for awards. 
Sec. 21525. Advisory committees. 
Sec. 21526. Limits on participation. 
Sec. 21527. Fund. 
Sec. 21528. Transfer of advanced oil and gas exploration and production tech-
nologies. 
Sec. 21529. Sunset. 
Sec. 21530. Definitions.
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Subtitle F—Science 
PART 1—AUTHORIZATION OF APPROPRIATIONS 
Sec. 21601. Science. 
PART 2—FUSION ENERGY SCIENCES 
Sec. 21611. ITER. 
Sec. 21612. Plan for fusion experiment. 
Sec. 21613. Plan for fusion energy sciences program. 
PART 3—SPALLATION NEUTRON SOURCE 
Sec. 21621. Definition. 
Sec. 21622. Report. 
Sec. 21623. Limitations. 
PART 4—MISCELLANEOUS 
Sec. 21631. Facility and infrastructure support for nonmilitary energy labora-
tories. 
Sec. 21632. Research regarding precious metal catalysis. 
Sec. 21633. Nanotechnology research and development. 
Sec. 21634. Advanced scientific computing for energy missions. 
Sec. 21635. Nitrogen fixation. 
Sec. 21636. Department of Energy Science and Technology Scholarship Pro-
gram. 
PART 5—GENOMES TO LIFE 
Sec. 21641. Genomes to life. 
Subtitle G—Energy and Environment 
Sec. 21701. Authorization of appropriations. 
Sec. 21702. United States-Mexico energy technology cooperation. 
Sec. 21703. Waste reduction and use of alternatives. 
Sec. 21704. Coal gasification. 
Sec. 21705. Petroleum coke gasification. 
Sec. 21706. Other biopower and bioenergy. 
Sec. 21707. Coal technology loan. 
Sec. 21708. Fuel cell test center. 
Sec. 21709. Fuel cell transit bus demonstration. 
Subtitle H—Management 
Sec. 21801. Availability of funds. 
Sec. 21802. Cost sharing. 
Sec. 21803. Merit review of proposals. 
Sec. 21804. External technical review of departmental programs. 
Sec. 21805. Improved coordination of technology transfer activities. 
Sec. 21806. Small business advocacy and assistance. 
Sec. 21807. Mobility of scientific and technical personnel. 
Sec. 21808. National Academy of Sciences report. 
Sec. 21809. Outreach. 
Sec. 21810. Limits on use of funds. 
Sec. 21811. Reprogramming.
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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.
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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.
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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.
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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.
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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:
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‘‘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 in-
clude— 
‘‘(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;
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‘‘(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
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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
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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.’’.
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(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—
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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-
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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;
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‘‘(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-
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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
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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
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‘‘(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
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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.
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‘‘(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,
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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.
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(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.’’.
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(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
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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
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(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
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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-
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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-
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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-
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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—
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‘‘(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
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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-
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termine the extent to which current procurement re-
quirements, when fully implemented in accordance 
with subsection (b), may realize energy savings and 
environmental benefits attainable with substitution 
of recovered mineral component in cement used in 
cement or concrete projects. 
‘‘(2) MATTERS TO BE ADDRESSED.—The study 
shall—
‘‘(A) quantify the extent to which recov-
ered mineral components are being substituted 
for Portland cement, particularly as a result of 
current procurement requirements, and the en-
ergy savings and environmental benefits associ-
ated with that substitution; 
‘‘(B) identify all barriers in procurement 
requirements to fuller realization of energy sav-
ings and environmental benefits, including bar-
riers resulting from exceptions from current 
law; and 
‘‘(C)(i) identify potential mechanisms to 
achieve greater substitution of recovered min-
eral component in types of cement or concrete 
projects for which recovered mineral compo-
nents historically have not been used or have 
been used only minimally;
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‘‘(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—
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‘‘(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
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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.—
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‘‘(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.
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‘‘(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.’’.
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(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.
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(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.
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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.
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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.’’.
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(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).
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(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
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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 consid-
eration—
(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-
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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
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(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-
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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
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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
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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.’’.
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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
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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-
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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—
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‘‘(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
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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:
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‘‘(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
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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-
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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.
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‘‘(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
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available resources of the Department to con-
duct such rulemakings. 
‘‘(C) Not later than 1 year after the date of en-
actment of this subsection, the Secretary shall issue 
a determination of any new covered products for 
which he intends to institute rulemakings on standby 
mode pursuant to this section and he shall state the 
dates by which he intends to initiate those 
rulemakings. 
‘‘(3) REVIEW
OF
STANDBY
ENERGY
USE
IN 
COVERED PRODUCTS.—In determining pursuant to 
section 323 whether test procedures and energy con-
servation standards pursuant to this section should 
be revised, the Secretary shall consider for covered 
products which are major sources of standby mode 
energy consumption whether to incorporate standby 
mode into such test procedures and energy conserva-
tion standards, taking into account, among other 
relevant factors, the criteria for non-covered prod-
ucts in subparagraph (B) of paragraph (2) of this 
subsection. 
‘‘(4) RULEMAKING FOR STANDBY MODE.—(A) 
Any rulemaking instituted under this subsection or 
for covered products under this section which re-
stricts standby mode power consumption shall be
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subject to the criteria and procedures for issuing en-
ergy conservation standards set forth in this section 
and the criteria set forth in subparagraph (B) of 
paragraph (2) of this subsection. 
‘‘(B) No standard can be proposed for new cov-
ered products or covered products in a standby mode 
unless the Secretary has promulgated applicable test 
procedures for each product pursuant to section 323. 
‘‘(C) The provisions of section 327 shall apply 
to new covered products which are subject to the 
rulemakings for standby mode after a final rule has 
been issued. 
‘‘(5) EFFECTIVE DATE.—Any standard promul-
gated under this subsection shall be applicable to 
products manufactured or imported 3 years after the 
date of promulgation. 
‘‘(6) 
VOLUNTARY
PROGRAMS
TO
REDUCE 
STANDBY MODE ENERGY USE.—The Secretary and 
the Administrator shall collaborate and develop pro-
grams, including programs pursuant to section 324A 
(relating to Energy Star Programs) and other vol-
untary industry agreements or codes of conduct, 
which are designed to reduce standby mode energy 
use.
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‘‘(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
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‘‘(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
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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.’’.
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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
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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-
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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).
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SEC. 12004. ISSUANCE OF CERTIFICATE OF PUBLIC CON-
VENIENCE AND NECESSITY. 
(a) AUTHORITY
OF
THE COMMISSION.—Notwith-
standing the provisions of the Alaska Natural Gas Trans-
portation Act of 1976 (15 U.S.C. 719 et seq.), the Com-
mission may, pursuant to section 7(c) of the Natural Gas 
Act (15 U.S.C. 717f(c)), consider and act on an applica-
tion for the issuance of a certificate of public convenience 
and necessity authorizing the construction and operation 
of an Alaska natural gas transportation project other than 
the Alaska natural gas transportation system. 
(b) ISSUANCE OF CERTIFICATE.—
(1) IN GENERAL.—The Commission shall issue 
a certificate of public convenience and necessity au-
thorizing the construction and operation of an Alas-
ka natural gas transportation project under this sec-
tion if the applicant has satisfied the requirements 
of section 7(e) of the Natural Gas Act (15 U.S.C. 
717f(e)). 
(2) CONSIDERATIONS.—In considering an appli-
cation under this section, the Commission shall pre-
sume that—
(A) a public need exists to construct and 
operate the proposed Alaska natural gas trans-
portation project; and
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(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 tra-
verses—
(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-
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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
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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
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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.
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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;
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(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.
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(e) REGULATIONS.—The Commission may issue reg-
ulations to carry out the provisions of this section. 
SEC. 12007. FEDERAL COORDINATOR. 
(a) ESTABLISHMENT.—There is established, as an 
independent office in the executive branch, the Office of 
the Federal Coordinator for Alaska Natural Gas Trans-
portation Projects. 
(b) FEDERAL COORDINATOR.—The Office shall be 
headed by a Federal Coordinator for Alaska Natural Gas 
Transportation Projects, who shall—
(1) be appointed by the President, by and with 
the advice of the Senate; 
(2) hold office at the pleasure of the President; 
and 
(3) be compensated at the rate prescribed for 
level III of the Executive Schedule (5 U.S.C. 5314). 
(c) DUTIES.—The Federal Coordinator shall be re-
sponsible for—
(1) coordinating the expeditious discharge of all 
activities by Federal agencies with respect to an 
Alaska natural gas transportation project; and 
(2) ensuring the compliance of Federal agencies 
with the provisions of this subtitle. 
(d) REVIEWS AND ACTIONS OF OTHER FEDERAL 
AGENCIES.—
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(1) EXPEDITED
REVIEWS
AND
ACTIONS.—All 
reviews conducted and actions taken by any Federal 
officer or agency relating to an Alaska natural gas 
transportation project authorized under this section 
shall be expedited, in a manner consistent with com-
pletion of the necessary reviews and approvals by the 
deadlines set forth in this subtitle. 
(2) PROHIBITION ON CERTAIN TERMS AND CON-
DITIONS.—Except with respect to Commission ac-
tions under sections 12004, 12005, and 12006, no 
Federal officer or agency shall have the authority to 
include terms and conditions that are permitted, but 
not required, by law on any certificate, right-of-way, 
permit, lease, or other authorization issued to an 
Alaska natural gas transportation project if the Fed-
eral Coordinator determines that the terms and con-
ditions would prevent or impair in any significant re-
spect the expeditious construction and operation of 
the project. 
(3) PROHIBITION ON CERTAIN ACTIONS.—Ex-
cept with respect to Commission actions under sec-
tions 12004, 12005, and 12006, unless required by 
law, no Federal officer or agency shall add to, 
amend, or abrogate any certificate, right-of-way, per-
mit, lease, or other authorization issued to an Alas-
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ka natural gas transportation project if the Federal 
Coordinator determines that such action would pre-
vent or impair in any significant respect the expedi-
tious construction and operation of the project. 
(e) STATE COORDINATION.—The Federal Coordi-
nator shall enter into a Joint Surveillance and Monitoring 
Agreement, approved by the President and the Governor 
of Alaska, with the State of Alaska similar to that in effect 
during construction of the Trans-Alaska Oil Pipeline to 
monitor the construction of the Alaska natural gas trans-
portation project. The Federal Government shall have pri-
mary surveillance and monitoring responsibility where the 
Alaska natural gas transportation project crosses Federal 
lands and private lands, and the State government shall 
have primary surveillance and monitoring responsibility 
where the Alaska natural gas transportation project 
crosses State lands. 
(f) TRANSFER OF FEDERAL INSPECTOR FUNCTIONS 
AND AUTHORITY.—Upon appointment of the Federal Co-
ordinator by the President, all of the functions and au-
thority of the Office of Federal Inspector of Construction 
for the Alaska Natural Gas Transportation System vested 
in the Secretary of Energy pursuant to section 3012(b) 
of Public Law 102–486 (15 U.S.C. 719e(b)), including all 
functions and authority described and enumerated in the
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Reorganization Plan No. 1 of 1979 (44 Fed. Reg. 33,663), 
Executive Order No. 12142 of June 21, 1979 (44 Fed. 
Reg. 36,927), and section 5 of the President’s decision, 
shall be transferred to the Federal Coordinator. 
SEC. 12008. JUDICIAL REVIEW. 
(a) EXCLUSIVE JURISDICTION.—Except for review by 
the Supreme Court of the United States on writ of certio-
rari, the United States Court of Appeals for the District 
of Columbia Circuit shall have original and exclusive juris-
diction to determine—
(1) the validity of any final order or action (in-
cluding a failure to act) of any Federal agency or of-
ficer under this subtitle; 
(2) the constitutionality of any provision of this 
subtitle, or any decision made or action taken under 
this subtitle; or 
(3) the adequacy of any environmental impact 
statement prepared under the National Environ-
mental Policy Act of 1969 with respect to any action 
under this subtitle. 
(b) DEADLINE FOR FILING CLAIM.—Claims arising 
under this subtitle may be brought not later than 60 days 
after the date of the decision or action giving rise to the 
claim.
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(c) 
EXPEDITED
CONSIDERATION.—The 
United 
States Court of Appeals for the District of Columbia Cir-
cuit shall set any action brought under subsection (a) for 
expedited consideration, taking into account the national 
interest as described in section 12002(a). 
(d) AMENDMENT TO ANGTA.—Section 10(c) of the 
Alaska Natural Gas Transportation Act of 1976 (15 
U.S.C. 719h) is amended by inserting after paragraph (1) 
the following: 
‘‘(2) The United States Court of Appeals for the Dis-
trict of Columbia Circuit shall set any action brought 
under this section for expedited consideration, taking into 
account the national interest described in section 2.’’. 
SEC. 12009. STATE JURISDICTION OVER IN-STATE DELIV-
ERY OF NATURAL GAS. 
(a) LOCAL DISTRIBUTION.—Any facility receiving 
natural gas from the Alaska natural gas transportation 
project for delivery to consumers within the State of Alas-
ka shall be deemed to be a local distribution facility within 
the meaning of section 1(b) of the Natural Gas Act (15 
U.S.C. 717(b)), and therefore not subject to the jurisdic-
tion of the Commission. 
(b) ADDITIONAL PIPELINES.—Nothing in this sub-
title, except as provided in section 12004(d), shall preclude 
or affect a future gas pipeline that may be constructed
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to deliver natural gas to Fairbanks, Anchorage, 
Matanuska-Susitna Valley, or the Kenai peninsula or 
Valdez or any other site in the State of Alaska for con-
sumption within or distribution outside the State of Alas-
ka. 
(c) RATE COORDINATION.—Pursuant to the Natural 
Gas Act, the Commission shall establish rates for the 
transportation of natural gas on the Alaska natural gas 
transportation project. In exercising such authority, the 
Commission, pursuant to section 17(b) of the Natural Gas 
Act (15 U.S.C. 717p(b)), shall confer with the State of 
Alaska regarding rates (including rate settlements) appli-
cable to natural gas transported on and delivered from the 
Alaska natural gas transportation project for use within 
the State of Alaska. 
SEC. 12010. STUDY OF ALTERNATIVE MEANS OF CONSTRUC-
TION. 
(a) REQUIREMENT OF STUDY.—If no application for 
the issuance of a certificate or amended certificate of pub-
lic convenience and necessity authorizing the construction 
and operation of an Alaska natural gas transportation 
project has been filed with the Commission not later than 
18 months after the date of enactment of this Act, the 
Secretary of Energy shall conduct a study of alternative
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approaches to the construction and operation of the 
project. 
(b) SCOPE OF STUDY.—The study shall consider the 
feasibility of establishing a Government corporation to 
construct an Alaska natural gas transportation project, 
and alternative means of providing Federal financing and 
ownership (including alternative combinations of Govern-
ment and private corporate ownership) of the project. 
(c) CONSULTATION.—In conducting the study, the 
Secretary of Energy shall consult with the Secretary of 
the Treasury and the Secretary of the Army (acting 
through the Commanding General of the Corps of Engi-
neers). 
(d) REPORT.—If the Secretary of Energy is required 
to conduct a study under subsection (a), the Secretary 
shall submit a report containing the results of the study, 
the Secretary’s recommendations, and any proposals for 
legislation to implement the Secretary’s recommendations 
to Congress. 
SEC. 12011. CLARIFICATION OF ANGTA STATUS AND AU-
THORITIES. 
(a) SAVINGS CLAUSE.—Nothing in this subtitle af-
fects any decision, certificate, permit, right-of-way, lease, 
or other authorization issued under section 9 of the Alaska 
Natural Gas Transportation Act of 1976 (15 U.S.C.
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719g) or any Presidential findings or waivers issued in 
accordance with that Act. 
(b) CLARIFICATION
OF
AUTHORITY
TO
AMEND 
TERMS AND CONDITIONS TO MEET CURRENT PROJECT 
REQUIREMENTS.—Any Federal officer or agency respon-
sible for granting or issuing any certificate, permit, right-
of-way, lease, or other authorization under section 9 of 
the Alaska Natural Gas Transportation Act of 1976 (15 
U.S.C. 719g) may add to, amend, or abrogate any term 
or condition included in such certificate, permit, right-of-
way, lease, or other authorization to meet current project 
requirements (including the physical design, facilities, and 
tariff specifications), so long as such action does not com-
pel a change in the basic nature and general route of the 
Alaska natural gas transportation system as designated 
and described in section 2 of the President’s decision, or 
would otherwise prevent or impair in any significant re-
spect the expeditious construction and initial operation of 
such transportation system. 
(c) UPDATED ENVIRONMENTAL REVIEWS.—The Sec-
retary of Energy shall require the sponsor of the Alaska 
natural gas transportation system to submit such updated 
environmental data, reports, permits, and impact analyses 
as the Secretary determines are necessary to develop de-
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tailed terms, conditions, and compliance plans required by 
section 5 of the President’s decision. 
SEC. 12012. SENSE OF CONGRESS. 
It is the sense of Congress that an Alaska natural 
gas transportation project will provide significant eco-
nomic benefits to the United States and Canada. In order 
to maximize those benefits, Congress urges the sponsors 
of the pipeline project to make every effort to use steel 
that is manufactured or produced in North America and 
to negotiate a project labor agreement to expedite con-
struction of the pipeline. 
SEC. 12013. PARTICIPATION OF SMALL BUSINESS CON-
CERNS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that an Alaska natural gas transportation project 
will provide significant economic benefits to the United 
States and Canada. In order to maximize those benefits, 
Congress urges the sponsors of the pipeline project to 
maximize the participation of small business concerns in 
contracts and subcontracts awarded in carrying out the 
project. 
(b) STUDY.—
(1) IN
GENERAL.—The Comptroller General 
shall conduct a study on the extent to which small
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business concerns participate in the construction of 
oil and gas pipelines in the United States. 
(2) REPORT.—Not later that 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall transmit to Congress a report containing 
the results of the study. 
(3) UPDATES.—The Comptroller General shall 
update the study at least once every 5 years and 
transmit to Congress a report containing the results 
of the update. 
(4) APPLICABILITY.—After the date of comple-
tion of the construction of an Alaska natural gas 
transportation project, this subsection shall no 
longer apply. 
(c) SMALL BUSINESS CONCERN DEFINED.—In this 
section, the term ‘‘small business concern’’ has the mean-
ing given such term in section 3(a) of the Small Business 
Act (15 U.S.C. 632(a)). 
SEC. 12014. ALASKA PIPELINE CONSTRUCTION TRAINING 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Labor (in this section referred to as the ‘‘Secretary’’) 
may make grants to the Alaska Department of Labor and 
Workforce Development to—
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(1) develop a plan to train, through the work-
force investment system established in the State of 
Alaska under the Workforce Investment Act of 1998 
(112 Stat. 936 et seq.), adult and dislocated work-
ers, including Alaska Natives, in urban and rural 
Alaska in the skills required to construct and oper-
ate an Alaska gas pipeline system; and 
(2) implement the plan developed pursuant to 
paragraph (1). 
(b) REQUIREMENTS FOR PLANNING GRANTS.—The 
Secretary may make a grant under subsection (a)(1) only 
if—
(1) the Governor of Alaska certifies in writing 
to the Secretary that there is a reasonable expecta-
tion that construction of an Alaska gas pipeline will 
commence within 3 years after the date of such cer-
tification; and 
(2) the Secretary of the Interior concurs in 
writing to the Secretary with the certification made 
under paragraph (1). 
(c) 
REQUIREMENTS
FOR
IMPLEMENTATION 
GRANTS.—The Secretary may make a grant under sub-
section (a)(2) only if—
(1) the Secretary has approved a plan developed 
pursuant to subsection (a)(1);
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(2) the Governor of Alaska requests the grant 
funds and certifies in writing to the Secretary that 
there is a reasonable expectation that the construc-
tion of an Alaska gas pipeline system will commence 
within 2 years after the date of such certification; 
(3) the Secretary of the Interior concurs in 
writing to the Secretary with the certification made 
under paragraph (2) after considering—
(A) the status of necessary State and Fed-
eral permits; 
(B) the availability of financing for the 
pipeline project; and 
(C) 
other 
relevant 
factors 
and 
cir-
cumstances. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Labor such sums as may be necessary, but not to exceed 
$20,000,000, to carry out this section.
Subtitle B—Strategic Petroleum 
Reserve 
SEC. 12101. FULL CAPACITY OF STRATEGIC PETROLEUM 
RESERVE. 
The President shall— 
(1) fill the Strategic Petroleum Reserve estab-
lished pursuant to part B of title I of the Energy
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Policy and Conservation Act (42 U.S.C. 6231 et 
seq.) to full capacity as soon as practicable; 
(2) acquire petroleum for the Strategic Petro-
leum Reserve by the most practicable and cost-effec-
tive means, with consideration being given to domes-
tically produced petroleum, including the acquisition 
of crude oil the United States is entitled to receive 
in kind as royalties from production on Federal 
lands; and 
(3) ensure that the fill rate minimizes impacts 
on petroleum markets. 
SEC. 12102. STRATEGIC PETROLEUM RESERVE EXPANSION. 
(a) PLAN.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Energy shall 
transmit to the Congress a plan for the expansion of the 
Strategic Petroleum Reserve to 1,000,000,000 barrels, in-
cluding—
(1) plans for the elimination of infrastructure 
impediments to maximum drawdown capability; 
(2) a schedule for the completion of all required 
environmental reviews; 
(3) provision for consultation with Federal and 
State environmental agencies; 
(4) a schedule and procedures for site selection; 
and
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(5) anticipated annual budget requests. 
(b) CONSTRUCTION OF ADDITIONAL CAPACITY.—The 
Secretary of Energy shall acquire property and complete 
construction for the expansion of the Strategic Petroleum 
Reserve in accordance with the plan transmitted under 
subsection (a). 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy $1,500,000,000 for carrying out this section, to re-
main available until expended.
SEC. 12103. PERMANENT AUTHORITY TO OPERATE THE 
STRATEGIC 
PETROLEUM 
RESERVE 
AND 
OTHER ENERGY PROGRAMS. 
(a) AMENDMENT TO TITLE I OF THE ENERGY POL-
ICY AND CONSERVATION ACT.—Title I of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6211 et seq.) is 
amended—
(1) by striking section 166 (42 U.S.C. 6246) 
and inserting—
‘‘AUTHORIZATION OF APPROPRIATIONS 
‘‘SEC. 166. There are authorized to be appropriated 
to the Secretary such sums as may be necessary to carry 
out this part and part D, to remain available until ex-
pended.’’; 
(2) by striking section 186 (42 U.S.C. 6250e); 
and
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(3) by striking part E (42 U.S.C. 6251; relat-
ing to the expiration of title I of the Act). 
(b) AMENDMENT TO TITLE II OF THE ENERGY POL-
ICY AND CONSERVATION ACT.—Title II of the Energy 
Policy and Conservation Act (42 U.S.C. 6271 et seq.) is 
amended—
(1) by inserting before section 273 (42 U.S.C. 
6283) the following: 
‘‘PART C—SUMMER FILL AND FUEL BUDGETING 
PROGRAMS’’;
(2) by striking section 273(e) (42 U.S.C. 
6283(e); relating to the expiration of summer fill 
and fuel budgeting programs); and 
(3) by striking part D (42 U.S.C. 6285; relat-
ing to the expiration of title II of the Act). 
(c) TECHNICAL AMENDMENTS.—The table of con-
tents for the Energy Policy and Conservation Act is 
amended—
(1) by inserting after the items relating to part 
C of title I the following:
‘‘PART D—NORTHEAST HOME HEATING OIL RESERVE 
‘‘Sec. 181. Establishment. 
‘‘Sec. 182. Authority. 
‘‘Sec. 183. Conditions for release; plan. 
‘‘Sec. 184. Northeast Home Heating Oil Reserve Account. 
‘‘Sec. 185. Exemptions.’’;
(2) by amending the items relating to part C of 
title II to read as follows:
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‘‘PART C—SUMMER FILL AND FUEL BUDGETING PROGRAMS 
‘‘Sec. 273. Summer fill and fuel budgeting programs.’’; and
(3) by striking the items relating to part D of 
title II. 
(d) AMENDMENT TO THE ENERGY POLICY AND CON-
SERVATION ACT.—Section 183(b)(1) of the Energy Policy 
and Conservation Act (42 U.S.C. 6250b(b)(1)) is amended 
by inserting ‘‘(considered as a heating season average)’’ 
after ‘‘mid-October through March’’. 
Subtitle C—Hydraulic Fracturing 
SEC. 12201. HYDRAULIC FRACTURING. 
Paragraph (1) of section 1421(d) of the Safe Drink-
ing Water Act (42 U.S.C. 300h(d)) is amended to read 
as follows: 
‘‘(1) The term ‘underground injection’—
‘‘(A) means the subsurface emplacement of 
fluids by well injection; and 
‘‘(B) excludes—
‘‘(i) the underground injection of nat-
ural gas for purposes of storage; and 
‘‘(ii) the underground injection of 
fluids or propping agents pursuant to hy-
draulic fracturing operations related to oil 
or gas production activities.’’.
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Subtitle D—Unproven Oil and Nat-
ural 
Gas 
Reserves 
Recovery 
Program 
SEC. 12301. PROGRAM. 
The Secretary shall carry out a program to dem-
onstrate technologies for the recovery of oil and natural 
gas reserves from reservoirs described in section 12302. 
SEC. 12302. ELIGIBLE RESERVOIRS. 
The program under this subtitle shall only address 
oil and natural gas reservoirs with 1 or more of the fol-
lowing characteristics: 
(1) Complex geology involving rapid changes in 
the type and quality of the oil reservoir across the 
reservoir. 
(2) Low reservoir pressure. 
(3) Unconventional natural gas reservoirs in 
coalbeds, tight sands, or shales. 
SEC. 12303. FOCUS AREAS. 
The program under this subtitle may focus on areas 
including coal-bed methane, deep drilling, natural gas pro-
duction from tight sands, natural gas production from gas 
shales, innovative production techniques (including hori-
zontal drilling, fracture detection methodologies, and 
three-dimensional seismic), and enhanced recovery tech-
niques.
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SEC. 12304. LIMITATION ON LOCATION OF ACTIVITIES. 
Activities under this subtitle shall be carried out 
only—
(1) in—
(A) areas onshore in the United States on 
public land administered by the Secretary of the 
Interior available for oil and gas leasing, where 
consistent with applicable law and land use 
plans; and 
(B) areas onshore in the United States on 
State or private land, subject to applicable law; 
and 
(2) with the approval of the appropriate Fed-
eral or State land management agency or private 
land owner. 
SEC. 12305. PROGRAM ADMINISTRATION. 
(a) ROLE OF THE SECRETARY.—The Secretary shall 
have ultimate responsibility for, and oversight of, all as-
pects of the program under this subtitle. 
(b) ROLE OF THE PROGRAM CONSORTIUM.—
(1) IN GENERAL.—The Secretary shall contract 
with a consortium to—
(A) manage awards pursuant to subsection 
(e)(4); 
(B) make recommendations to the Sec-
retary for project solicitations;
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(C) disburse funds awarded under sub-
section (e) as directed by the Secretary in ac-
cordance with the annual plan under subsection 
(d); and 
(D) carry out other activities assigned to 
the program consortium by this section. 
(2) LIMITATION.—The Secretary may not as-
sign any activities to the program consortium except 
as specifically authorized under this section. 
(3) CONFLICT
OF
INTEREST.—(A) The Sec-
retary shall establish procedures—
(i) to ensure that each board member, offi-
cer, or employee of the program consortium 
who is in a decisionmaking capacity under sub-
section (e)(3) or (4) shall disclose to the Sec-
retary any financial interests in, or financial re-
lationships with, applicants for or recipients of 
awards under this section, including those of 
his or her spouse or minor child, unless such re-
lationships or interests would be considered to 
be remote or inconsequential; and 
(ii) to require any board member, officer, 
or employee with a financial relationship or in-
terest disclosed under clause (i) to recuse him-
self or herself from any review under subsection
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(e)(3) or oversight under subsection (e)(4) with 
respect to such applicant or recipient. 
(B) The Secretary may disqualify an applica-
tion or revoke an award under this section if a board 
member, officer, or employee has failed to comply 
with 
procedures 
required 
under 
subparagraph 
(A)(ii). 
(c) SELECTION OF THE PROGRAM CONSORTIUM.—
(1) IN GENERAL.—The Secretary shall select 
the program consortium through an open, competi-
tive process. 
(2) MEMBERS.—The program consortium may 
include corporations and institutions of higher edu-
cation. The Secretary shall give preference in the se-
lection of the program consortium to applicants with 
broad representation from the various major oil and 
natural gas basins in the United States. After sub-
mitting a proposal under paragraph (4), the pro-
gram consortium may not add members without the 
consent of the Secretary. 
(3) TAX
STATUS.—The program consortium 
shall be an entity that is exempt from tax under sec-
tion 501(c)(3) of the Internal Revenue Code of 
1986.
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(4) SCHEDULE.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall solicit proposals for the creation of the pro-
gram consortium, which must be submitted not less 
than 180 days after the date of enactment of this 
Act. The Secretary shall select the program consor-
tium not later than 240 days after such date of en-
actment. 
(5) APPLICATION.—Applicants shall submit a 
proposal including such information as the Secretary 
may require. At a minimum, each proposal shall—
(A) list all members of the consortium; 
(B) fully describe the structure of the con-
sortium, including any provisions relating to in-
tellectual property; and –
(C) describe how the applicant would carry 
out the activities of the program consortium 
under this section. 
(6) ELIGIBILITY.—To be eligible to be selected 
as the program consortium, an applicant must be an 
entity whose members collectively have demonstrated 
capabilities in planning and managing programs for 
the production of oil or natural gas. 
(7) CRITERION.—The Secretary may consider 
the amount of the fee an applicant proposes to re-
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ceive under subsection (f) in selecting a consortium 
under this section. 
(d) ANNUAL PLAN.—
(1) IN
GENERAL.—The program under this 
subtitle shall be carried out pursuant to an annual 
plan prepared by the Secretary in accordance with 
paragraph (2). 
(2) DEVELOPMENT.—(A) Before drafting an 
annual plan under this subsection, the Secretary 
shall solicit specific written recommendations from 
the program consortium for each element to be ad-
dressed in the plan, including those described in 
paragraph (4). The Secretary may request that the 
program consortium submit its recommendations in 
the form of a draft annual plan. 
(B) The Secretary shall submit the rec-
ommendations of the program consortium under 
subparagraph (A) to the Advisory Committee for re-
view, and the Advisory Committee shall provide to 
the Secretary written comments by a date deter-
mined by the Secretary. The Secretary may also so-
licit comments from any other experts. 
(C) The Secretary shall consult regularly with 
the program consortium throughout the preparation 
of the annual plan.
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(3) PUBLICATION.—The Secretary shall trans-
mit to the Congress and publish in the Federal Reg-
ister the annual plan, along with any written com-
ments received under paragraph (2)(A) and (B). 
The annual plan shall be transmitted and published 
not later than 60 days after the date of enactment 
of an Act making appropriations for a fiscal year for 
the program under this subtitle. 
(4) CONTENTS.—The annual plan shall describe 
the ongoing and prospective activities of the pro-
gram under this subtitle and shall include—
(A) a list of any solicitations for awards 
that the Secretary plans to issue to carry out 
activities, including the topics for such work, 
who would be eligible to apply, selection cri-
teria, and the duration of awards; and 
(B) a description of the activities expected 
of the program consortium to carry out sub-
section (e)(4). 
(e) AWARDS.—
(1) IN GENERAL.—The Secretary shall make 
awards to carry out activities under the program 
under this subtitle. The program consortium shall 
not be eligible to receive such awards, but members 
of the program consortium may receive such awards.
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(2) PROPOSALS.—
(A) SOLICITATION.—The Secretary shall 
solicit proposals for awards under this sub-
section in such manner and at such time as the 
Secretary may prescribe, in consultation with 
the program consortium. 
(B) CONTENTS.—Each proposal submitted 
shall include the following: 
(i) An estimate of the potential 
unproven reserves in the reservoir, estab-
lished by a registered petroleum engineer. 
(ii) An estimate of the potential for 
success of the project. 
(iii) A detailed project plan. 
(iv) A detailed analysis of the costs 
associated with the project. 
(v) A time frame for project comple-
tion. 
(vi) Evidence that any lienholder on 
the project will subordinate its interests to 
the extent necessary to ensure that the 
Federal government receives its portion of 
any revenues pursuant to section 12308. 
(vii) Such other matters as the Sec-
retary considers appropriate.
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(3) REVIEW.—The Secretary shall make awards 
under this subsection through a competitive process, 
which shall include a review by individuals selected 
by the Secretary. Such individuals shall include, for 
each application, Federal officials, the program con-
sortium, and non-Federal experts who are not board 
members, officers, or employees of the program con-
sortium or of a member of the program consortium. 
(4) OVERSIGHT.—(A) The program consortium 
shall oversee the implementation of awards under 
this subsection, consistent with the annual plan 
under subsection (d), including disbursing funds and 
monitoring activities carried out under such awards 
for compliance with the terms and conditions of the 
awards. 
(B) Nothing in subparagraph (A) shall limit the 
authority or responsibility of the Secretary to over-
see awards, or limit the authority of the Secretary 
to review or revoke awards. 
(C) The Secretary shall provide to the program 
consortium the information necessary for the pro-
gram consortium to carry out its responsibilities 
under this paragraph. 
(f) FEE.—To compensate the program consortium 
for carrying out its activities under this section, the Sec-
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retary shall provide to the program consortium a fee in 
an amount not to exceed 7.5 percent of the amounts 
awarded under subsection (e) for each fiscal year. 
(g) DISALLOWED EXPENSES.—No portion of any 
award shall be used by a recipient for general or adminis-
trative expenses of any kind. 
(h) AUDIT.—The Secretary shall retain an inde-
pendent, commercial auditor to determine the extent to 
which funds provided to the program consortium, and 
funds provided under awards made under subsection (e), 
have been expended in a manner consistent with the pur-
poses and requirements of this subtitle. The auditor shall 
transmit a report annually to the Secretary, who shall 
transmit the report to Congress, along with a plan to rem-
edy any deficiencies cited in the report. 
SEC. 12306. ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 270 days after 
the date of enactment of this Act, the Secretary shall es-
tablish an Advisory Committee. 
(b) MEMBERSHIP.—The Advisory Committee shall be 
composed of members appointed by the Secretary and in-
cluding—
(1) individuals with extensive experience or 
operational knowledge of oil and natural gas produc-
tion, including independent oil and gas producers;
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(2) individuals broadly representative of oil and 
natural gas production; and 
(3) no individuals who are Federal employees. 
(c) DUTIES.—The Advisory Committee shall advise 
the Secretary on the development and implementation of 
activities under this subtitle. 
(d) COMPENSATION.—A member of the Advisory 
Committee shall serve without compensation but shall re-
ceive travel expenses, including per diem in lieu of subsist-
ence, in accordance with applicable provisions under sub-
chapter I of chapter 57 of title 5, United States Code. 
(e) PROHIBITION.—The Advisory Committee shall 
not make recommendations on funding awards to con-
sortia or for specific projects. 
SEC. 12307. LIMITS ON PARTICIPATION. 
An entity shall be eligible to receive an award under 
this subtitle only if the Secretary finds—
(1) that the entity’s participation in the pro-
gram under this subtitle would be in the economic 
interest of the United States; 
(2) that the entity is a United States-owned en-
tity organized under the laws of the United States 
with production levels of less than 1,000 barrels per 
day of oil equivalent; and
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(3) that the entity has demonstrated that non-
governmental third party sources of financing are 
not available for the proposal project. 
SEC. 12308. PAYMENTS TO FEDERAL GOVERNMENT. 
(a) INITIAL RATE.—Until the amount of a grant 
under this subtitle has been fully repaid to the Federal 
Government under this subsection, 95 percent of all reve-
nues derived from increased incremental production at-
tributable to participation in the program under this sub-
title shall be paid to the Secretary by the purchaser of 
such increased production. 
(b) RATE AFTER REPAYMENT.—After the Federal 
Government has been fully repaid under subsection (a), 
5 percent of all revenues derived from increased incre-
mental production attributable to participation in the pro-
gram under this subtitle shall be paid to the Secretary 
by the purchaser of such increased production. 
SEC. 12309. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary for carrying out this subtitle $100,000,000, to re-
main available until expended. 
SEC. 12310. PUBLIC AVAILABILITY OF PROJECT RESULTS 
AND METHODOLOGIES. 
The results of any project undertaken pursuant to 
this subtitle and the methodologies used to achieve those
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results shall be made public by the Secretary. The meth-
odologies used shall not be proprietary so that such meth-
odologies may be used for other projects by persons not 
seeking awards pursuant to this subtitle. 
SEC. 12311. SUNSET. 
The authority provided by this subtitle shall termi-
nate on September 30, 2010. 
SEC. 12312. DEFINITIONS. 
In this subtitle: 
(1) PROGRAM CONSORTIUM.—The term ‘‘pro-
gram consortium’’ means the consortium selected 
under section 12305(c). 
(2) REMOTE OR INCONSEQUENTIAL.—The term 
‘‘remote or inconsequential’’ has the meaning given 
that term in regulations issued by the Office of Gov-
ernment Ethics under section 208(b)(2) of title 18, 
United States Code. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy.
Subtitle E—Miscellaneous 
SEC. 12401. APPEALS RELATING TO PIPELINE CONSTRUC-
TION PROJECTS. 
(a) AGENCY OF RECORD.—Any Federal administra-
tive agency proceeding that is an appeal or review of Fed-
eral authority for an interstate natural gas pipeline con-
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struction project, including construction of natural gas 
storage and liquefied natural gas facilities, shall use as 
its exclusive record for all purposes the record compiled 
by the Federal Energy Regulatory Commission pursuant 
to such Commission’s proceeding under section 7 of the 
Natural Gas Act. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
the Congress that all Federal and State agencies with ju-
risdiction over interstate natural gas pipeline construction 
activities should coordinate their proceedings within the 
time frames established by the Federal Energy Regulatory 
Commission while it is acting pursuant to section 7 of the 
Natural Gas Act to determine whether a proposed inter-
state natural gas pipeline is in the public convenience and 
necessity. 
SEC. 12402. NATURAL GAS MARKET DATA TRANSPARENCY. 
(a) ESTABLISHMENT OF SYSTEM.—Not later than 
180 days after the date of enactment of this Act, the Fed-
eral Energy Regulatory Commission shall issue rules au-
thorizing or establishing an electronic information system 
to provide the Commission and the public with timely ac-
cess to such information as is necessary or appropriate 
to facilitate price transparency and participation in nat-
ural gas markets. Such system shall provide information
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about the market price of natural gas sold in interstate 
commerce. 
(b) DATA SUBJECT TO DISCLOSURE.—Rules issued 
under subsection (a) shall require public availability only 
of—
(1) aggregate data; and 
(2) transaction-specific data that is otherwise 
required by the Federal Energy Regulatory Commis-
sion to be made public. 
(c) CIVIL PENALTY.—Any person who violates any 
provision of a rule issued under subsection (a) shall be 
subject to a civil penalty of not more than $1,000,000 for 
each day that such violation continues. Such penalty shall 
be assessed by the Federal Energy Regulatory Commis-
sion, after notice and opportunity for public hearing. In 
determining the amount of a proposed penalty, the Com-
mission shall take into consideration the seriousness of the 
violation and the efforts of such person to remedy the vio-
lation in a timely manner. 
SEC. 12403. OIL AND GAS EXPLORATION AND PRODUCTION 
DEFINED. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end 
the following:
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‘‘(24) The term ‘oil and gas exploration and produc-
tion’ means all field operations necessary for both explo-
ration and production of oil and gas, including activities 
necessary to prepare a site for drilling and for the move-
ment and placement of drilling equipment, whether or not 
such activities may be considered construction activities.’’.
SEC. 12404. COMPLEX WELL TECHNOLOGY TESTING FACIL-
ITY. 
The Secretary, in coordination with industry leaders 
in extended reach drilling technology, shall establish a 
Complex Well Technology Testing Facility at the Rocky 
Mountain Oilfield Testing Center to increase the range of 
extended drilling technology to 50,000 feet, so that more 
energy resources can be realized with fewer drilling facili-
ties.
TITLE III—HYDROELECTRIC 
Subtitle A—Alternative Conditions 
SEC. 13001. ALTERNATIVE CONDITIONS AND FISHWAYS. 
(a) FEDERAL RESERVATIONS.—Section 4(e) of the 
Federal Power Act (16 U.S.C. 797(e)) is amended by in-
serting after ‘‘adequate protection and utilization of such 
reservation.’’ at the end of the first proviso the following: 
‘‘The license applicant shall be entitled to a determination 
on the record, after opportunity for an agency trial-type