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(3) in subparagraph (A)(ii) (as redesignated by
paragraph (2))—
(A) in the first sentence, by striking ‘‘sub-
paragraph (A)’’ and inserting ‘‘clause (i)’’; and
(B) in the second sentence, by striking ‘‘this
paragraph’’ and inserting ‘‘this subparagraph’’;
and
(4) by adding at the end the following:
‘‘(B) OZONE TRANSPORT REGION.—
‘‘(i) APPLICATION OF PROHIBITION.—
‘‘(I) IN GENERAL.—In addition to
the provisions of subparagraph (A),
upon the application of the Governor
of a State in the ozone transport re-
gion established by section 184(a), the
Administrator, not later than 180 days
after the date of receipt of the applica-
tion, shall apply the prohibition speci-
fied in paragraph (5) to any area in
the State (other than an area classified
as a marginal, moderate, serious, or se-
vere ozone nonattainment area under
subpart 2 of part D of title I) unless
the Administrator determines under
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clause (iii) that there is insufficient ca-
pacity to supply reformulated gasoline.
‘‘(II) PUBLICATION
OF
APPLICA-
TION.—As soon as practicable after the
date of receipt of an application under
subclause (I), the Administrator shall
publish the application in the Federal
Register.
‘‘(ii) PERIOD
OF
APPLICABILITY.—
Under clause (i), the prohibition specified
in paragraph (5) shall apply in a State—
‘‘(I) commencing as soon as prac-
ticable but not later than 2 years after
the date of approval by the Adminis-
trator of the application of the Gov-
ernor of the State; and
‘‘(II) ending not earlier than 4
years after the commencement date de-
termined under subclause (I).
‘‘(iii) EXTENSION OF COMMENCEMENT
DATE BASED ON INSUFFICIENT CAPACITY.—
‘‘(I) IN
GENERAL.—If, after re-
ceipt of an application from a Gov-
ernor of a State under clause (i), the
Administrator determines, on the Ad-
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ministrator’s own motion or on peti-
tion of any person, after consultation
with the Secretary of Energy, that
there is insufficient capacity to supply
reformulated gasoline, the Adminis-
trator, by regulation—
‘‘(aa) shall extend the com-
mencement date with respect to
the State under clause (ii)(I) for
not more than 1 year; and
‘‘(bb) may renew the exten-
sion under item (aa) for two ad-
ditional periods, each of which
shall not exceed 1 year.
‘‘(II) DEADLINE FOR ACTION ON
PETITIONS.—The Administrator shall
act on any petition submitted under
subclause (I) not later than 180 days
after the date of receipt of the peti-
tion.’’.
SEC. 838. FEDERAL ENFORCEMENT OF STATE FUELS RE-
QUIREMENTS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C.
7545(c)(4)(C)) is amended—
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(1) by striking ‘‘(C) A State’’ and inserting the
following:
‘‘(C) AUTHORITY
OF
STATE
TO
CONTROL
FUELS AND FUEL ADDITIVES FOR REASONS OF
NECESSITY.—
‘‘(i) IN GENERAL.—A State’’; and
(2) by adding at the end the following:
‘‘(ii) ENFORCEMENT BY THE ADMINIS-
TRATOR.—In any case in which a State
prescribes and enforces a control or prohibi-
tion under clause (i), the Administrator, at
the request of the State, shall enforce the
control or prohibition as if the control or
prohibition had been adopted under the
other provisions of this section.’’.
SEC. 839. FUEL SYSTEM REQUIREMENTS HARMONIZATION
STUDY.
(a) STUDY.—
(1) IN GENERAL.—The Administrator of the En-
vironmental Protection Agency and the Secretary of
Energy shall jointly conduct a study of Federal,
State, and local requirements concerning motor vehi-
cle fuels, including—
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(A) requirements relating to reformulated
gasoline, volatility (measured in Reid vapor
pressure), oxygenated fuel, and diesel fuel; and
(B) other requirements that vary from State
to State, region to region, or locality to locality.
(2) REQUIRED
ELEMENTS.—The study shall
assess—
(A) the effect of the variety of requirements
described in paragraph (1) on the supply, qual-
ity, and price of motor vehicle fuels available to
the consumer;
(B) the effect of the requirements described
in paragraph (1) on achievement of—
(i) national, regional, and local air
quality standards and goals; and
(ii) related environmental and public
health protection standards and goals;
(C) the effect of Federal, State, and local
motor vehicle fuel regulations, including multiple
motor vehicle fuel requirements, on—
(i) domestic refineries;
(ii) the fuel distribution system; and
(iii) industry investment in new ca-
pacity;
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(D) the effect of the requirements described
in paragraph (1) on emissions from vehicles, re-
fineries, and fuel handling facilities;
(E) the feasibility of developing national or
regional motor vehicle fuel slates for the 48 con-
tiguous States that, while protecting and im-
proving air quality at the national, regional,
and local levels, could—
(i) enhance flexibility in the fuel dis-
tribution infrastructure and improve fuel
fungibility;
(ii) reduce price volatility and costs to
consumers and producers;
(iii) provide increased liquidity to the
gasoline market; and
(iv) enhance fuel quality, consistency,
and supply; and
(F) the feasibility of providing incentives,
and the need for the development of national
standards necessary, to promote cleaner burning
motor vehicle fuel.
(b) REPORT.—
(1) IN GENERAL.—Not later than June 1, 2006,
the Administrator of the Environmental Protection
Agency and the Secretary of Energy shall submit to
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Congress a report on the results of the study con-
ducted under subsection (a).
(2) RECOMMENDATIONS.—
(A) IN GENERAL.—The report shall contain
recommendations for legislative and administra-
tive actions that may be taken—
(i) to improve air quality;
(ii) to reduce costs to consumers and
producers; and
(iii) to increase supply liquidity.
(B) REQUIRED CONSIDERATIONS.—The rec-
ommendations under subparagraph (A) shall
take into account the need to provide advance
notice of required modifications to refinery and
fuel distribution systems in order to ensure an
adequate supply of motor vehicle fuel in all
States.
(3) CONSULTATION.—In developing the report,
the Administrator of the Environmental Protection
Agency and the Secretary of Energy shall consult
with—
(A) the Governors of the States;
(B) automobile manufacturers;
(C) motor vehicle fuel producers and dis-
tributors; and
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(D) the public.
SEC. 840. REVIEW OF FEDERAL PROCUREMENT INITIATIVES
RELATING TO USE OF RECYCLED PRODUCTS
AND FLEET AND TRANSPORTATION EFFI-
CIENCY.
Not later than 180 days after the date of enactment
of this Act, the Administrator of General Services shall sub-
mit to Congress a report that details efforts by each Federal
agency to implement the procurement policies specified in
Executive Order No. 13101 (63 Fed. Reg. 49643; relating
to governmental use of recycled products) and Executive
Order No. 13149 (65 Fed. Reg. 24607; relating to Federal
fleet and transportation efficiency).
TITLE IX—ENERGY EFFICIENCY
AND ASSISTANCE TO LOW IN-
COME CONSUMERS
Subtitle A—Low Income Assistance
and State Energy Programs
SEC. 901. INCREASED FUNDING FOR LIHEAP, WEATHERIZA-
TION 
ASSISTANCE, 
AND 
STATE 
ENERGY
GRANTS.
(a) LIHEAP.—(1) Section 2602(b) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b))
is amended by striking the first sentence and inserting the
following: ‘‘There are authorized to be appropriated to carry
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out the provisions of this title (other than section 2607A),
$3,400,000,000 for each of fiscal years 2003 through 2005.’’.
(2) Section 2602(e) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621(e)) is amended by
striking ‘‘$600,000,000’’ and inserting ‘‘$1,000,000,000’’.
(3) Section 2609A(a) of the Low-Income Energy As-
sistance Act of 1981 (42 U.S.C. 8628a(a)) is amended by
striking ‘‘not more than $300,000’’ and inserting: ‘‘not
more than $750,000’’.
(b) WEATHERIZATION ASSISTANCE.—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 2003, $400,000,000 for fiscal
year 2004, and $500,000,000 for fiscal year 2005.’’.
SEC. 902. 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 adding at the end the following:
‘‘(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 the State sub-
mitted under subsection (b) or (e). Such reviews should con-
sider the energy conservation plans of other States within
the region, and identify opportunities and actions that may
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be carried out in pursuit of common energy conservation
goals.’’.
(b) STATE ENERGY CONSERVATION GOALS.—Section
364 of the Energy Policy and Conservation Act (42 U.S.C.
6324) is amended to read as follows:
‘‘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 Policy
Act of 2003 shall contain a goal, consisting of an improve-
ment 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 interim goals.’’.
(c) STATE ENERGY CONSERVATION GRANTS.—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 fiscal years 2003 and
2004; $125,000,000 for fiscal year 2005; and such sums as
may be necessary for each fiscal year thereafter.’’.
SEC. 903. ENERGY EFFICIENT SCHOOLS.
(a) ESTABLISHMENT.—There is established in the De-
partment of Energy the High Performance Schools Program
(in this section referred to as the ‘‘Program’’).
(b) GRANTS.—The Secretary of Energy may make
grants to a State energy office—
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(1) to assist school districts in the State to im-
prove the energy efficiency of school buildings;
(2) to administer the Program; and
(3) to promote participation in the Program.
(c) GRANTS TO ASSIST SCHOOL DISTRICTS.—The Sec-
retary shall condition grants under subsection (b)(1) on the
State energy office using the grants to assist school districts
that have demonstrated—
(1) a need for the grants to build additional
school buildings to meet increasing elementary or sec-
ondary enrollments or to renovate existing school
buildings; and
(2) a commitment to use the grant funds to de-
velop high performance school buildings in accordance
with a plan that the State energy office, in consulta-
tion with the State educational agency, has deter-
mined is feasible and appropriate to achieve the pur-
poses for which the grant is made.
(d) GRANTS
FOR ADMINISTRATION.—Grants under
subsection (b)(2) shall be used to—
(1) evaluate compliance by school districts with
requirements of this section;
(2) distribute information and materials to
clearly define and promote the development of high
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performance school buildings for both new and exist-
ing facilities;
(3) organize and conduct programs for school
board members, school personnel, architects, engineers,
and others to advance the concepts of high perform-
ance school buildings;
(4) obtain technical services and assistance in
planning and designing high performance school
buildings; or
(5) collect and monitor data and information
pertaining to the high performance school building
projects.
(e) GRANTS TO PROMOTE PARTICIPATION.—Grants
under subsection (b)(3) shall be used for promotional and
marketing activities, including facilitating private and
public financing, promoting the use of energy savings per-
formance contracts, working with school administrations,
students, and communities, and coordinating public benefit
programs.
(f) SUPPLEMENTING GRANT FUNDS.—The State en-
ergy office shall encourage qualifying school districts to sup-
plement funds awarded pursuant to this section with funds
from other sources in the implementation of their plans.
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(g) ALLOCATIONS.—Except as provided in subsection
(h), funds appropriated to carry out this section shall be
allocated as follows:
(1) 70 percent shall be used to make grants
under subsection (b)(1).
(2) 15 percent shall be used to make grants
under subsection (b)(2).
(3) 15 percent shall be used to make grants
under subsection (b)(3).
(h) OTHER FUNDS.—The Secretary of Energy may re-
tain an amount, not to exceed $300,000 per year, to assist
State energy offices in coordinating and implementing the
Program. Such funds may be used to develop reference ma-
terials to further define the principles and criteria to
achieve high performance school buildings.
(i) AUTHORIZATION OF APPROPRIATIONS.—For grants
under 
subsection 
(b) 
there 
are 
authorized 
to 
be
appropriated—
(1) $200,000,000 for fiscal year 2003;
(2) $210,000,000 for fiscal year 2004;
(3) $220,000,000 for fiscal year 2005;
(4) $230,000,000 for fiscal year 2006; and
(5) such sums as may be necessary for fiscal year
2007 and each fiscal year thereafter through fiscal
year 2012.
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(j) DEFINITIONS.—For purposes of this section:
(1) HIGH PERFORMANCE SCHOOL BUILDING.—
The term ‘‘high performance school building’’ means
a school building that, in its design, construction, op-
eration, and maintenance—
(A) maximizes use of renewable energy and
energy-efficient technologies and systems;
(B) is cost-effective on a life-cycle basis;
(C) achieves either—
(i) the applicable Energy Star build-
ing energy performance ratings; or
(ii) energy consumption levels at least
30 percent below those of the most recent
version of ASHRAE Standard 90.1;
(D) uses affordable, environmentally pref-
erable, and durable materials;
(E) enhances indoor environmental quality;
(F) protects and conserves water; and
(G) optimizes site potential.
(2) RENEWABLE ENERGY.—The term ‘‘renewable
energy’’ means energy produced by solar, wind, bio-
mass, ocean, geothermal, or hydroelectric power.
(3) SCHOOL.—The term ‘‘school’’ means—
(A) an ‘‘elementary school’’ as that term is
defined in section 14101(14) of the Elementary
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and Secondary Education Act of 1965 (20
U.S.C. 8801(14)),
(B) a ‘‘secondary school’’ as that term is de-
fined in section 14101(25) of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 8801(25)), or
(C) an elementary or secondary Indian
school funded by the Bureau of Indian Affairs.
(4) STATE
EDUCATIONAL
AGENCY.—The term
‘‘State educational agency’’ has the same meaning
given such term in section 14101(28) of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 8801(28)).
(5) STATE ENERGY OFFICE.—The term ‘‘State
energy office’’ means the State agency responsible for
developing State energy conservation plans under sec-
tion 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 Governor of the State.
SEC. 904. LOW INCOME COMMUNITY ENERGY EFFICIENCY
PILOT PROGRAM.
(a) GRANTS.—The Secretary of Energy is authorized
to make grants to units of local government, private, non-
profit community development organizations, and Indian
tribe economic development entities to improve energy effi-
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ciency, identify and develop alternative renewable and dis-
tributed energy supplies, and increase energy conservation
in low income rural and urban communities.
(b) PURPOSE OF GRANTS.—The Secretary may make
grants on a competitive basis for—
(1) investments that develop alternative renew-
able and distributed energy supplies;
(2) energy efficiency projects and energy con-
servation programs;
(3) studies and other activities that improve en-
ergy efficiency in low income rural and urban com-
munities;
(4) planning and development assistance for in-
creasing the energy efficiency of buildings and facili-
ties; and
(5) technical and financial assistance to local
government and private entities on developing new
renewable and distributed sources of power or com-
bined heat and power generation.
(c) DEFINITION.—For purposes of this section, the
term ‘‘Indian tribe’’ means any Indian tribe, band, nation,
or other organized group or community, including any
Alaskan Native village or regional or village corporation
as defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), which is
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recognized as eligible for the special programs and services
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 an amount not to exceed
$20,000,000 for fiscal year 2003 and each fiscal year there-
after through fiscal year 2005.
SEC. 905. 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 sub-
section (b).
(2) ENERGY STAR PROGRAM.—The term ‘‘Energy
Star program’’ means the program established by sec-
tion 324A of the Energy Policy and Conservation Act.
(3) RESIDENTIAL ENERGY STAR PRODUCT.—The
term ‘‘residential Energy Star product’’ means a
product for a residence that is rated for energy effi-
ciency 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 sec-
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tion 362 of the Energy Policy and Conservation Act
(42 U.S.C. 6322).
(5) STATE
PROGRAM.—The term ‘‘State pro-
gram’’ means a State energy efficient appliance re-
bate program described in subsection (b)(1).
(b) ELIGIBLE STATES.—A State shall be eligible to re-
ceive an allocation under subsection (c) if the State—
(1) establishes (or has established) a State energy
efficient appliance rebate program to provide rebates
to residential consumers for the purchase of residen-
tial Energy Star products to replace used appliances
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 supple-
ment, 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 ob-
tained by multiplying the amount made available
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under subsection (e) for the fiscal year by the ratio
that the population of the State in the most recent
calendar year for which data are available bears to
the total population of all eligible States in that cal-
endar year.
(2) MINIMUM
ALLOCATIONS.—For each fiscal
year, the amounts allocated under this subsection
shall be adjusted proportionately so that no eligible
State is allocated a sum that is less than an amount
determined by the Secretary.
(d) USE OF ALLOCATED FUNDS.—The allocation to a
State energy office under subsection (c) may be used to pay
up to 50 percent of the cost of establishing and carrying
out a State program.
(e) ISSUANCE OF REBATES.—Rebates may be provided
to residential consumers that meet the requirements of the
State program. The amount of a rebate shall be determined
by the State energy office, taking into consideration—
(1) the amount of the allocation to the State en-
ergy 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 residen-
tial Energy Star product and the cost of an appliance
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that is not a residential Energy Star product, but is
of the same type as, and is the nearest capacity, per-
formance, and other relevant characteristics (as deter-
mined 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 such
sums as are necessary for fiscal year 2003 through fiscal
year 2012.
Subtitle B—Federal Energy
Efficiency
SEC. 911. ENERGY MANAGEMENT REQUIREMENTS.
(a) ENERGY REDUCTION GOALS.—Section 543(a)(1) of
the National Energy Conservation Policy Act (42 U.S.C.
8253(a)(1)) is amended to read as follows:
‘‘(1) Subject to paragraph (2), each agency shall
apply energy conservation measures to, and shall im-
prove the design for the construction of, the Federal
buildings of the agency (including each industrial or
laboratory facility) so that the energy consumption
per gross square foot of the Federal buildings of the
agency in fiscal years 2002 through 2011 is reduced,
as compared with the energy consumption per gross
square foot of the Federal buildings of the agency in