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of section 325, prescribe, by rule, labeling require-
ments for such products. Labeling requirements
adopted under this paragraph shall take effect on the
same date as the standards set pursuant to sections
325 (v) through (y).’’.
SEC. 926. ENERGY STAR PROGRAM.
The Energy Policy and Conservation Act (42 U.S.C.
6201 and following) is amended by inserting after section
324 the following:
‘‘ENERGY STAR PROGRAM
‘‘SEC. 324A. There is established at the Department
of Energy and the Environmental Protection Agency a pro-
gram to identify and promote energy-efficient products and
buildings in order to reduce energy consumption, improve
energy security, and reduce pollution through labeling of
products and buildings that meet the highest energy effi-
ciency standards. Responsibilities under the program shall
be divided between the Department of Energy and the Envi-
ronmental Protection Agency consistent with the terms of
agreements between the two agencies. The Administrator
and the Secretary shall—
‘‘(1) promote Energy Star compliant technologies
as the preferred technologies in the marketplace for
achieving energy efficiency and to reduce pollution;
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‘‘(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 expla-
nation of the decision that responds to significant
public comments.’’.
SEC. 927. ENERGY CONSERVATION STANDARDS FOR CEN-
TRAL AIR CONDITIONERS AND HEAT PUMPS.
Section 325(d)(3) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295(d)) is amended by adding at the
end the following:
‘‘(C) REVISION OF STANDARDS.—Not later
than 60 days after the date of enactment of this
subparagraph, the Secretary shall amend the
standards established under paragraph (1).’’.
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SEC. 928. ENERGY CONSERVATION STANDARDS FOR ADDI-
TIONAL CONSUMER AND COMMERCIAL PROD-
UCTS.
Section 325 of the Energy Policy and Conservation Act
(42 U.S.C. 6295) is amended by adding at the end the fol-
lowing:
‘‘(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 pro-
cedures, the Secretary shall consider, among other fac-
tors, existing test procedures used for measuring en-
ergy consumption in standby mode and assess the
current and projected future market for battery char-
gers and external power supplies. This assessment
shall include estimates of the significance of potential
energy savings from technical improvements 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 developing energy conservation
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standards for standby mode energy use for these prod-
ucts.
‘‘(B) The Secretary shall, within 3 years after
the date of enactment of this subsection, issue a final
rule that determines whether energy conservation
standards shall be promulgated for battery chargers
and external power supplies or classes thereof. For
each product class, any such standards shall be set at
the lowest level of standby energy use that—
‘‘(i) meets the criteria of subsections (o),
(p), (q), (r), (s) and (t); and
‘‘(ii) will result in significant overall an-
nual energy savings, considering both standby
mode and other operating modes.
‘‘(2) DESIGNATION
OF
ADDITIONAL
COVERED
PRODUCTS.—(A) Not later than 180 days after the
date of enactment of this subsection, the Secretary
shall publish for public comment and public hearing
a notice to determine whether any noncovered prod-
ucts should be designated as covered products for the
purpose of instituting a rulemaking under this section
to determine whether an energy conservation standard
restricting standby mode energy consumption, should
be promulgated; providing that any restriction on
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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 covered
products and institute rulemakings, the Secretary
shall, among other relevant factors and in addition to
the criteria in section 322(b), consider—
‘‘(i) standby mode power consumption com-
pared to overall product energy consumption;
and
‘‘(ii) the priority and energy savings poten-
tial of standards which may be promulgated
under this subsection compared to other required
rulemakings under this section and the available
resources of the Department to conduct 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 COV-
ERED PRODUCTS.—In determining pursuant to sec-
tion 323 whether test procedures and energy conserva-
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tion standards pursuant to section 325 should be re-
vised, the Secretary shall consider for covered prod-
ucts which are major sources of standby mode energy
consumption whether to incorporate standby mode
into such test procedures and energy conservation
standards, taking into account, among other relevant
factors, the criteria for non-covered products in sub-
paragraph (B) of this subsection.
‘‘(4) RULEMAKING
FOR
STANDBY
MODE.—(A)
Any rulemaking instituted under this subsection or
for covered products under this section which restricts
standby mode power consumption shall be subject to
the criteria and procedures for issuing energy con-
servation standards set forth in section 325 and the
criteria set forth in paragraph 2(B) 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
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products manufactured or imported 3 years after the
date of promulgation.
‘‘(6) VOLUNTARY PROGRAMS TO REDUCE STAND-
BY MODE ENERGY USE.—The Secretary and the Ad-
ministrator shall collaborate and develop programs,
including programs pursuant to section 324A and
other voluntary industry agreements or codes of con-
duct, which are designed to reduce standby mode en-
ergy use.
‘‘(v) SUSPENDED CEILING FANS, VENDING MACHINES,
UNIT
HEATERS, 
AND
COMMERCIAL
REFRIGERATORS,
FREEZERS
AND
REFRIGERATOR-FREEZERS.—The Sec-
retary shall within 24 months after the date on which test-
ing requirements are prescribed by the Secretary pursuant
to section 323(f), prescribe, by rule, energy conservation
standards for suspended ceiling fans, refrigerated bottled or
canned beverage vending machines, unit heaters, and com-
mercial refrigerators, freezers and refrigerator-freezers. In
establishing standards under this subsection, the Secretary
shall use the criteria and procedures contained in sub-
sections (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.
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‘‘(w) ILLUMINATED EXIT SIGNS.—Illuminated exit
signs manufactured on or after January 1, 2005 shall meet
the Energy Star Program performance requirements for il-
luminated exit signs prescribed by the Environmental Pro-
tection Agency as in effect on the date of enactment of this
subsection.
‘‘(x) TORCHIERES.—Torchieres manufactured on or
after January 1, 2005—
‘‘(1) shall consume not more than 190 watts of
power; and
‘‘(2) shall not be capable of operating with lamps
that total more than 190 watts.
‘‘(y) LOW VOLTAGE DRY-TYPE TRANSFORMERS.—The
efficiency of low voltage dry-type transformers manufac-
tured on or after January 1, 2005 shall be the Class I Effi-
ciency Levels for low voltage dry-type transformers specified
in Table 4–2 of the ‘Guide for Determining Energy Effi-
ciency for Distribution Transformers’ published by the Na-
tional Electrical Manufacturers Association (NEMA TP–
1–1996).
‘‘(z) TRAFFIC SIGNAL MODULES.—Traffic signal mod-
ules manufactured on or after January 1, 2006 shall meet
the performance requirements used under the Energy Star
program of the Environmental Protection Agency for traffic
signals, as in effect on the date of enactment of this para-
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graph, and shall be installed with compatible, electrically-
connected signal control interface devices and conflict moni-
toring systems.’’.
SEC. 929. CONSUMER EDUCATION ON ENERGY EFFICIENCY
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 fol-
lowing:
‘‘(c) HVAC MAINTENANCE.—(1) For the purpose of en-
suring that installed air conditioning and heating systems
operate at their maximum rated efficiency levels, the Sec-
retary shall, within 180 days of the date of enactment of
this subsection, carry out a program to educate homeowners
and small business owners concerning the energy savings
resulting from properly conducted maintenance of air con-
ditioning, heating, and ventilating systems.
‘‘(2) The Secretary may carry out the program in co-
operation with industry trade associations, industry mem-
bers, and energy efficiency organizations.
‘‘(d) SMALL
BUSINESS
EDUCATION
AND
ASSIST-
ANCE.—The Administrator of the Small Business Adminis-
tration, in consultation with the Secretary of Energy and
the Administrator of the Environmental Protection Agency,
shall develop and coordinate a Government-wide program,
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building on the existing Energy Star for Small Business
Program, to assist small business to become more energy
efficient, understand the cost savings obtainable through ef-
ficiencies, and identify financing options for energy effi-
ciency upgrades. The Secretary and the Administrator shall
make the program information available directly to small
businesses and through other Federal agencies, including the
Federal Emergency Management Agency, and the Depart-
ment of Agriculture.’’.
SEC. 930. 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 improve-
ments, at the actual site of energy consumption, or through
the full fuel cycle, beginning at the source of energy produc-
tion. The Secretary shall submit the report to the Congress.
Subtitle D—Housing Efficiency
SEC. 931. CAPACITY BUILDING FOR ENERGY EFFICIENT, AF-
FORDABLE HOUSING.
Section 4(b) of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note) is amended—
(1) in paragraph (1), by inserting before the
semicolon at the end the following: ‘‘, including capa-
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bilities regarding the provision of energy efficient, af-
fordable housing and residential energy conservation
measures’’; and
(2) in paragraph (2), by inserting before the
semicolon the following: ‘‘, including such activities
relating to the provision of energy efficient, affordable
housing and residential energy conservation measures
that benefit low-income families’’.
SEC. 932. INCREASE OF CDBG PUBLIC SERVICES CAP FOR
ENERGY CONSERVATION AND EFFICIENCY
ACTIVITIES.
Section 105(a)(8) of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5305(a)(8)) is amended—
(1) by inserting ‘‘or efficiency’’ after ‘‘energy
conservation’’;
(2) by striking ‘‘, and except that’’ and inserting
‘‘; except that’’; and
(3) by inserting before the period at the end the
following: ‘‘; and except that each percentage limita-
tion under this paragraph on the amount of assist-
ance provided under this title that may be used for
the provision of public services is hereby increased by
10 percent, but such percentage increase may be used
only for the provision of public services concerning
energy conservation or efficiency’’.
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SEC. 933. FHA MORTGAGE INSURANCE INCENTIVES FOR EN-
ERGY EFFICIENT HOUSING.
(a) SINGLE FAMILY HOUSING MORTGAGE INSUR-
ANCE.—Section 203(b)(2) of the National Housing Act (12
U.S.C. 1709(b)(2)) is amended, in the first undesignated
paragraph beginning after subparagraph (B)(iii) (relating
to solar energy systems)—
(1) by inserting ‘‘or paragraph (10)’’; and
(2) by striking ‘‘20 percent’’ and inserting ‘‘30
percent’’.
(b) MULTIFAMILY HOUSING MORTGAGE INSURANCE.—
Section 207(c) of the National Housing Act (12 U.S.C.
1713(c)) is amended, in the second undesignated paragraph
beginning after paragraph (3) (relating to solar energy sys-
tems and residential energy conservation measures), by
striking ‘‘20 percent’’ and inserting ‘‘30 percent’’.
(c) COOPERATIVE HOUSING MORTGAGE INSURANCE.—
Section 213(p) of the National Housing Act (12 U.S.C.
1715e(p)) is amended by striking ‘‘20 per centum’’ and in-
serting ‘‘30 percent’’.
(d) REHABILITATION AND NEIGHBORHOOD CONSERVA-
TION
HOUSING
MORTGAGE
INSURANCE.—Section
220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C.
1715k(d)(3)(B)(iii)) is amended by striking ‘‘20 per cen-
tum’’ and inserting ‘‘30 percent’’.
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(e) LOW-INCOME MULTIFAMILY HOUSING MORTGAGE
INSURANCE.—Section 221(k) of the National Housing Act
(12 U.S.C. 1715l(k)) is amended by striking ‘‘20 per cen-
tum’’ and inserting ‘‘30 percent’’.
(f) ELDERLY HOUSING MORTGAGE INSURANCE.—The
proviso at the end of section 213(c)(2) of the National Hous-
ing Act (12 U.S.C. 1715v(c)(2)) is amended by striking ‘‘20
per centum’’ and inserting ‘‘30 percent’’.
(g) CONDOMINIUM
HOUSING
MORTGAGE
INSUR-
ANCE.—Section 234(j) of the National Housing Act (12
U.S.C. 1715y(j)) is amended by striking ‘‘20 per centum’’
and inserting ‘‘30 percent’’.
SEC. 934. PUBLIC HOUSING CAPITAL FUND.
Section 9(d)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d)(1)) is amended—
(1) in subparagraph (I), by striking ‘‘and’’ at
the end;
(2) in subparagraph (K), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(L) improvement of energy and water-use
efficiency by installing fixtures and fittings that
conform to the American Society of Mechanical
Engineers/American National Standards Insti-
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tute standards A112.19.2–1998 and A112.18.1–
2000, or any revision thereto, applicable at the
time of installation, and by increasing energy ef-
ficiency and water conservation by such other
means as the Secretary determines are appro-
priate.’’.
SEC. 935. GRANTS FOR ENERGY-CONSERVING IMPROVE-
MENTS FOR ASSISTED HOUSING.
Section 251(b)(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8231(1)) is amended—
(1) by striking ‘‘financed with loans’’ and insert-
ing ‘‘assisted’’;
(2) by inserting after ‘‘1959,’’ the following:
‘‘which are eligible multifamily housing projects (as
such term is defined in section 512 of the Multifamily
Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note) and are subject to a
mortgage restructuring and rental assistance suffi-
ciency plans under such Act,’’; and
(3) by inserting after the period at the end of the
first sentence the following new sentence: ‘‘Such im-
provements may also include the installation of en-
ergy and water conserving fixtures and fittings that
conform to the American Society of Mechanical Engi-
neers/American National Standards Institute stand-
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ards A112.19.2–1998 and A112.18.1–2000, or any re-
vision thereto, applicable at the time of installation.’’.
SEC. 936. NORTH AMERICAN DEVELOPMENT BANK.
Part 2 of subtitle D of title V of the North American
Free Trade Agreement Implementation Act (22 U.S.C.
290m–290m–3) is amended by adding at the end the fol-
lowing:
‘‘SEC. 545. SUPPORT FOR CERTAIN ENERGY POLICIES.
‘‘Consistent with the focus of the Bank’s Charter on
environmental infrastructure projects, the Board members
representing the United States should use their voice and
vote to encourage the Bank to finance projects related to
clean and efficient energy, including energy conservation,
that prevent, control, or reduce environmental pollutants or
contaminants.’’.
SEC. 937. CAPITAL FUND.
Section 9 of the United States Housing Act of 1937
(42 U.S.C. 1437g), as amended by section 934, is
amended—
(1) in subsection (d)(1)—
(A) in subparagraph (L), by striking the
period at the end and inserting ‘‘; and’’;
(B) by redesignating subparagraph (L) as
subparagraph (K); and
(C) by adding at the end the following:
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‘‘(L) integrated utility management
and capital planning to maximize energy
conservation and efficiency measures.’’; and
(2) in subsection (e)(2)(C)—
(A) by striking ‘‘The’’ and inserting the fol-
lowing:
‘‘(i) IN GENERAL.—The’’; and
(B) by adding at the end the following:
‘‘(ii) THIRD PARTY CONTRACTS.—Con-
tracts described in clause (i) may include
contracts for equipment conversions to less
costly utility sources, projects with resident
paid utilities, adjustments to frozen base
year consumption, including systems re-
paired to meet applicable building and safe-
ty codes and adjustments for occupancy
rates increased by rehabilitation.
‘‘(iii) TERM OF CONTRACT.—The total
term of a contract described in clause (i)
shall be for not more than 20 years to allow
longer payback periods for retrofits, includ-
ing but not limited to windows, heating sys-
tem replacements, wall insulation, site-
based generations, and advanced energy
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savings technologies, including renewable
energy generation.’’.
SEC. 938. ENERGY-EFFICIENT APPLIANCES.
A public housing agency shall purchase energy-effi-
cient appliances that are Energy Star products as defined
in section 552 of the National Energy Policy and Conserva-
tion Act (as amended by this Act) when the purchase of
energy-efficient appliances is cost-effective to the public
housing agency.
SEC. 939. ENERGY EFFICIENCY STANDARDS.
Section 109 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12709) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘the date of the enact-
ment of the Energy Policy Act of 1992’’ and
inserting ‘‘September 30, 2002’’;
(ii) in subparagraph (A), by striking
‘‘and’’ at the end;
(iii) in subparagraph (B), by striking
the period at the end and inserting a semi-
colon; and
(iv) by adding at the end the following:
‘‘(C) rehabilitation and new construction of
public and assisted housing funded by HOPE VI
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revitalization grants, established under section
24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), where such standards are deter-
mined to be cost effective by the Secretary of
Housing and Urban Development; and
(B) in paragraph (2), by striking ‘‘Council
of American’’ and all that follows through ‘‘life-
cycle cost basis’’ and inserting ‘‘2000 Inter-
national Energy Conservation Code’’;
(2) in subsection (b)—
(A) by striking ‘‘the date of the enactment
of the Energy Policy Act of 1992’’ and inserting
‘‘September 30, 2002’’; and
(B) by striking ‘‘CABO’’ and all that fol-
lows through ‘‘1989’’ and inserting ‘‘the 2000
International Energy Conservation Code’’; and
(3) in subsection (c)—
(A) in the heading, by striking ‘‘MODEL
ENERGY CODE’’ and inserting ‘‘THE INTER-
NATIONAL ENERGY CONSERVATION CODE’’; and
(B) by striking ‘‘CABO’’ and all that fol-
lows through ‘‘1989’’ and inserting ‘‘the 2000
International Energy Conservation Code’’.
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SEC. 940. ENERGY STRATEGY FOR HUD.
(a) IN GENERAL.—The Secretary of Housing and
Urban Development shall develop and implement an inte-
grated strategy to reduce utility expenses through cost-effec-
tive energy conservation and efficiency measures, design
and construction in public and assisted housing.
(b) ENERGY MANAGEMENT OFFICE.—The Secretary of
Housing and Urban Development shall create an office at
the Department of Housing and Urban Development for
utility management, energy efficiency, and conservation,
with responsibility for implementing the strategy developed
under this section, including development of a centralized
database that monitors public housing energy usage, and
development of energy reduction goals and incentives for
public housing agencies. The Secretary shall submit an an-
nual report to Congress on the strategy.
Subtitle E—Rural and Remote
Communities
SEC. 941. SHORT TITLE.
This subtitle may be cited as the ‘‘Rural and Remote
Community Fairness Act’’.
SEC. 942. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) a modern infrastructure, including energy-ef-
ficient housing, electricity, telecommunications, bulk
fuel, wastewater and potable water service, is a nec-
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essary ingredient of a modern society and develop-
ment of a prosperous economy;
(2) the Nation’s rural and remote communities
face critical social, economic and environmental prob-
lems, arising in significant measure from the high
cost of infrastructure development in sparsely popu-
lated and remote areas, that are not adequately ad-
dressed by existing Federal assistance programs;
(3) in the past, Federal assistance has been in-
strumental in establishing electric and other utility
service in many developing regions of the Nation, and
that Federal assistance continues to be appropriate to
ensure that electric and other utility systems in rural
areas conform with modern standards of safety, reli-
ability, efficiency and environmental protection; and
(4) the future welfare of the Nation and the well-
being of its citizens depend on the establishment and
maintenance of viable rural and remote communities
as social, economic and political entities.
(b) PURPOSE.—The purpose of this subtitle is the de-
velopment and maintenance of viable rural and remote
communities through the provision of efficient housing, and
reasonably priced and environmentally sound energy,
water, wastewater, and bulk fuel, telecommunications and
utility services to those communities that do not have those
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services or who currently bear costs of those services that
are significantly above the national average.
SEC. 943. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘unit of general local government’’
means any city, county, town, township, parish, vil-
lage, borough (organized or unorganized) or other
general purpose political subdivision of a State,
Guam, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, the Republic of the Marshall Is-
lands, the Federated States of Micronesia, the Repub-
lic of Palau, the Virgin Islands, and American
Samoa, a combination of such political subdivisions
that is recognized by the Secretary; and the District
of Columbia; or any other appropriate organization
of citizens of a rural and remote community that the
Secretary may identify.
(2) The term ‘‘population’’ means total resident
population based on data compiled by the United
States Bureau of the Census and referable to the same
point or period in time.
(3) The term ‘‘Native American group’’ means
any Indian tribe, band, group, and nation, including
Alaska Indians, Aleuts, and Eskimos, and any Alas-
kan Native village, of the United States, which is con-
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sidered an eligible recipient under the Indian Self-De-
termination and Education Assistance Act (Public
Law 93–638) or was considered an eligible recipient
under chapter 67 of title 31, United States Code,
prior to the repeal of such chapter.
(4) The term ‘‘Secretary’’ means the Secretary of
Housing and Urban Development, the Secretary of
Agriculture, the Secretary of the Interior or the Sec-
retary of Energy, as appropriate.
(5) The term ‘‘rural and remote community’’
means a unit of local general government or Native
American group which is served by an electric utility
that has 10,000 or less customers with an average re-
tail cost per kilowatt hour of electricity that is equal
to or greater than 150 percent of the average retail
cost per kilowatt hour of electricity for all consumers
in the United States, as determined by data provided
by the Energy Information Administration of the De-
partment of Energy.
(6) The term ‘‘alternative energy sources’’ in-
clude nontraditional means of providing electrical en-
ergy, including, but not limited to, wind, solar, bio-
mass, municipal solid waste, hydroelectric, geothermal
and tidal power.
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(7) The term ‘‘average retail cost per kilowatt
hour of electricity’’ has the same meaning as ‘‘average
revenue per kilowatt hour of electricity’’ as defined by
the Energy Information Administration of the De-
partment of Energy.
SEC. 944. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to make grants to rural
and remote communities to carry out activities in accord-
ance with the provisions of this subtitle. For purposes of
assistance under section 947, there are authorized to be ap-
propriated $100,000,000 for each of fiscal years 2003
through 2009.
SEC. 945. STATEMENT OF ACTIVITIES AND REVIEW.
(a) STATEMENT
OF OBJECTIVES
AND PROJECTED
USE.—Prior to the receipt in any fiscal year of a grant
under section 947 by any rural and remote community, the
grantee shall have prepared and submitted to the Secretary
of the agency providing funding a final statement of rural
and remote community development objectives and pro-
jected use of funds.
(b) PUBLIC NOTICE.—In order to permit public exam-
ination and appraisal of such statements, to enhance the
public accountability of grantees, and to facilitate coordina-
tion of activities with different levels of government, the
grantee shall in a timely manner—
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(1) furnish citizens information concerning the
amount of funds available for rural and remote com-
munity development activities and the range of ac-
tivities that may be undertaken;
(2) publish a proposed statement in such manner
to afford affected citizens an opportunity to examine
its content and to submit comments on the proposed
statement and on the community development per-
formance of the grantee;
(3) provide citizens with reasonable access to
records regarding the past use of funds received under
section 947 by the grantee; and
(4) provide citizens with reasonable notice of,
and opportunity to comment on, any substantial
change proposed to be made in the use of funds re-
ceived under section 947 from one eligible activity to
another.
The final statement shall be made available to the public,
and a copy shall be furnished to the appropriate Secretary.
Any final statement of activities may be modified or
amended from time to time by the grantee in accordance
with the same. Procedures required in this paragraph are
for the preparation and submission of such statement.
(c) PERFORMANCE AND EVALUATION REPORT.—Each
grantee shall submit to the appropriate Secretary, at a time
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determined by the Secretary, a performance and evaluation
report, concerning the use of funds made available under
section 947, together with an assessment by the grantee of
the relationship of such use to the objectives identified in
the grantee’s statement under subsection (a) and to the re-
quirements of subsection (b). The grantee’s report shall indi-
cate its programmatic accomplishments, the nature of and
reasons for any changes in the grantee’s program objectives,
and indications of how the grantee would change its pro-
grams as a result of its experiences.
(d) RETENTION OF INCOME.—
(1) IN GENERAL.—Any rural and remote com-
munity may retain any program income that is real-
ized from any grant made by the Secretary under sec-
tion 947 if—
(A) such income was realized after the ini-
tial disbursement of the funds received by such
unit of general local government under such sec-
tion; and
(B) such unit of general local government
has agreed that it will utilize the program in-
come for eligible rural and remote community
development activities in accordance with the
provisions of this title.
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(2) EXCEPTION.—The Secretary may, by regula-
tion, exclude from consideration as program income
any amounts determined to be so small that compli-
ance with the subsection creates an unreasonable ad-
ministrative burden on the rural and remote commu-
nity.
SEC. 946. ELIGIBLE ACTIVITIES.
(a) ACTIVITIES INCLUDED.—Eligible activities as-
sisted under this subtitle may include only—
(1) weatherization and other cost-effective en-
ergy-related repairs of homes and other buildings;
(2) the acquisition, construction, repair, recon-
struction, or installation of reliable and cost-efficient
facilities for the generation, transmission or distribu-
tion of electricity, and telecommunications, for con-
sumption in a rural and remote community or com-
munities;
(3) the acquisition, construction, repair, recon-
struction, remediation or installation of facilities for
the safe storage and efficient management of bulk fuel
by rural and remote communities, and facilities for
the distribution of such fuel to consumers in a rural
or remote community;
(4) facilities and training to reduce costs of
maintaining and operating generation, distribution
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or transmission systems to a rural and remote com-
munity or communities;
(5) the institution of professional management
and maintenance services for electricity generation,
transmission or distribution to a rural and remote
community or communities;
(6) the investigation of the feasibility of alternate
energy sources for a rural and remote community or
communities;
(7) acquisition, construction, repair, reconstruc-
tion, operation, maintenance, or installation of facili-
ties for water or wastewater service;
(8) the acquisition or disposition of real prop-
erty (including air rights, water rights, and other in-
terests therein) for eligible rural and remote commu-
nity development activities; and
(9) activities necessary to develop and implement
a comprehensive rural and remote development plan,
including payment of reasonable administrative costs
related to planning and execution of rural and remote
community development activities.
(b) ACTIVITIES UNDERTAKEN THROUGH ELECTRIC
UTILITIES.—Eligible activities may be undertaken either
directly by the rural and remote community, or by the rural
and remote community through local electric utilities.
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SEC. 947. ALLOCATION AND DISTRIBUTION OF FUNDS.
For each fiscal year, of the amount approved in an
appropriation Act under section 903 for grants in any year,
the Secretary shall distribute to each rural and remote com-
munity which has filed a final statement of rural and re-
mote community development objectives and projected use
of funds under section 945, an amount which shall be allo-
cated among the rural and remote communities that filed
a final statement of rural and remote community develop-
ment objectives and projected use of funds under section 945
proportionate to the percentage that the average retail price
per kilowatt hour of electricity for all classes of consumers
in the rural and remote community exceeds the national
average retail price per kilowatt hour for electricity for all
consumers in the United States, as determined by data pro-
vided by the Department of Energy’s Energy Information
Administration. In allocating funds under this section, the
Secretary shall give special consideration to those rural and
remote communities that increase economies of scale
through consolidation of services, affiliation and regional-
ization of eligible activities under this title.
SEC. 948. RURAL AND REMOTE COMMUNITY ELECTRIFICA-
TION GRANTS.
Section 313 of the Rural Electrification Act of 1936
(7 U.S.C. 940c) is amended by adding after subsection (b)
the following:
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‘‘(c) RURAL
AND
REMOTE
COMMUNITIES
ELEC-
TRIFICATION GRANTS.—The Secretary of Agriculture, in
consultation with the Secretary of Energy and the Secretary
of the Interior, may provide grants under this Act for the
purpose of increasing energy efficiency, siting or upgrading
transmission and distribution lines, or providing or mod-
ernizing electric facilities to—
‘‘(1) a unit of local government of a State or ter-
ritory; or
‘‘(2) an Indian tribe or Tribal College or Univer-
sity as defined in section 316(b)(3) of the Higher
Education Act (20 U.S.C. 1059c(b)(3)).
‘‘(d) GRANT CRITERIA.—The Secretary shall make
grants based on a determination of cost-effectiveness and
most effective use of the funds to achieve the stated purposes
of this section.
‘‘(e) PREFERENCE.—In making grants under this sec-
tion, the Secretary shall give a preference to renewable en-
ergy facilities.
‘‘(f) DEFINITION.—For purposes of this section, the
term ‘Indian tribe’ means any Indian tribe, band, nation,
or other organized group or community, including any
Alaska 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.
‘‘(e) AUTHORIZATION.—For the purpose of carrying
out subsection (c), there are authorized to be appropriated
to the Secretary $20,000,000 for each of the 7 fiscal years
following the date of enactment of this subsection.’’.
SEC. 949. ADDITIONAL AUTHORIZATION OF APPROPRIA-
TIONS.
There is hereby authorized to be appropriated
$5,000,000 for each of fiscal years 2003 through 2009 to
the Denali Commission established by the Denali Commis-
sion Act of 1998 (42 U.S.C. 3121 note) for the purposes
of funding the power cost equalization program.
SEC. 950. RURAL RECOVERY COMMUNITY DEVELOPMENT
BLOCK GRANTS.
(a) FINDINGS; PURPOSE.—
(1) FINDINGS.—Congress finds that—
(A) a modern infrastructure, including af-
fordable housing, wastewater and water service,
and advanced technology capabilities is a nec-
essary ingredient of a modern society and devel-
opment of a prosperous economy with minimal
environmental impacts;
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(B) the Nation’s rural areas face critical so-
cial, economic, and environmental problems,
arising in significant measure from the growing
cost of infrastructure development in rural areas
that suffer from low per capita income and high
rates of outmigration and are not adequately ad-
dressed by existing Federal assistance programs;
and
(C) the future welfare of the Nation and the
well-being of its citizens depend on the establish-
ment and maintenance of viable rural areas as
social, economic, and political entities.
(2) PURPOSE.—The purpose of this section is to
provide for the development and maintenance of via-
ble rural areas through the provision of affordable
housing and community development assistance to el-
igible units of general local government and eligible
Native American groups in rural areas with exces-
sively high rates of outmigration and low per capita
income levels.
(b) DEFINITIONS.—In this section:
(1) ELIGIBLE UNIT OF GENERAL LOCAL GOVERN-
MENT.—The term ‘‘eligible unit of general local gov-
ernment’’ means a unit of general local government
that is the governing body of a rural recovery area.
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(2) ELIGIBLE INDIAN TRIBE.—The term ‘‘eligible
Indian tribe’’ means the governing body of an Indian
tribe that is located in a rural recovery area.
(3) GRANTEE.—The term ‘‘grantee’’ means an el-
igible unit of general local government or eligible In-
dian tribe that receives a grant under this section.
(4) NATIVE AMERICAN GROUP.—The term ‘‘Na-
tive American group’’ means any Indian tribe, band,
group, and nation, including Alaska Indians, Aleuts,
and Eskimos, and any Alaskan Native village, of the
United States, which is considered an eligible recipi-
ent under the Indian Self-Determination and Edu-
cation Assistance Act (Public Law 93–638) or was
considered an eligible recipient under chapter 67 of
title 31, United States Code, prior to the repeal of
such chapter.
(5) RURAL RECOVERY AREA.—The term ‘‘rural
recovery area’’ means any geographic area rep-
resented by a unit of general local government or a
Native American group—
(A) the borders of which are not adjacent to
a metropolitan area;
(B) in which—
(i) the population outmigration level
equals or exceeds 1 percent over the most re-
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cent 5 year period, as determined by the
Secretary of Housing and Urban Develop-
ment; and
(ii) the per capita income is less than
that of the national nonmetropolitan aver-
age; and
(C) that does not include a city with a pop-
ulation of more than 15,000.
(6) UNIT OF GENERAL LOCAL GOVERNMENT.—
(A) IN GENERAL.—The term ‘‘unit of gen-
eral local government’’ means any city, county,
town, township, parish, village, borough (orga-
nized or unorganized), or other general purpose
political subdivision of a State; Guam, the Com-
monwealth of the Northern Mariana Islands, the
Virgin Islands, Puerto Rico, and American
Samoa, or a general purpose political subdivi-
sion thereof; a combination of such political sub-
divisions that, except as provided in section
106(d)(4), is recognized by the Secretary; and the
District of Columbia.
(B) OTHER ENTITIES INCLUDED.—The term
also includes a State or a local public body or
agency, community association, or other entity,
that is approved by the Secretary for the purpose
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of providing public facilities or services to a new
community.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development,
the Secretary of Agriculture, the Secretary of the Inte-
rior or the Secretary of Energy, as appropriate.
(c) GRANT AUTHORITY.—The Secretary may make
grants in accordance with this section to eligible units of
general local government, Native American groups and eli-
gible Indian tribes that meet the requirements of subsection
(d) to carry out eligible activities described in subsection
(f).
(d) ELIGIBILITY REQUIREMENTS.—
(1) STATEMENT OF RURAL DEVELOPMENT OB-
JECTIVES.—In order to receive a grant under this sec-
tion for a fiscal year, an eligible unit of general local
government, Native American group or eligible In-
dian tribe—
(A) shall—
(i) publish a proposed statement of
rural development objectives and a descrip-
tion of the proposed eligible activities de-
scribed in subsection (f) for which the grant
will be used; and
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(ii) afford residents of the rural recov-
ery area served by the eligible unit of gen-
eral local government, Native American
groups or eligible Indian tribe with an op-
portunity to examine the contents of the
proposed statement and the proposed eligi-
ble activities published under clause (i), and
to submit comments to the eligible unit of
general local government, Native American
group or eligible Indian tribe, as applicable,
on the proposed statement and the proposed
eligible activities, and the overall commu-
nity development performance of the eligible
unit of general local government, Native
American groups or eligible Indian tribe, as
applicable; and
(B) based on any comments received under
subparagraph (A)(ii), prepare and submit to the
Secretary—
(i) a final statement of rural develop-
ment objectives;
(ii) a description of the eligible activi-
ties described in subsection (f) for which a
grant received under this section will be
used; and
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(iii) a certification that the eligible
unit of general local government, Native
American groups or eligible Indian tribe, as
applicable, will comply with the require-
ments of paragraph (2).
(2) PUBLIC NOTICE AND COMMENT.—In order to
enhance public accountability and facilitate the co-
ordination of activities among different levels of gov-
ernment, an eligible unit of general local government,
Native American groups or eligible Indian tribe that
receives a grant under this section shall, as soon as
practicable after such receipt, provide the residents of
the rural recovery area served by the eligible unit of
general local government, Native American groups or
eligible Indian tribe, as applicable, with—
(A) a copy of the final statement submitted
under paragraph (1)(B);
(B) information concerning the amount
made available under this section and the eligi-
ble activities to be undertaken with that amount;
(C) reasonable access to records regarding
the use of any amounts received by the eligible
unit of general local government, Native Amer-
ican groups or eligible Indian tribe under this
section in any preceding fiscal year; and
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(D) reasonable notice of, and opportunity to
comment on, any substantial change proposed to
be made in the use of amounts received under
this section from one eligible activity to another.
(e) DISTRIBUTION OF GRANTS.—
(1) IN GENERAL.—In each fiscal year, the Sec-
retary shall distribute to each eligible unit of general
local government, Native American groups and eligi-
ble Indian tribe that meets the requirements of sub-
section (d)(1) a grant in an amount described in
paragraph (2).
(2) AMOUNT.—Of the total amount made avail-
able to carry out this section in each fiscal year, the
Secretary shall distribute to each grantee the amount
equal to the greater of—
(A) the pro rata share of the grantee, as de-
termined by the Secretary, based on the com-
bined annual population outmigration level (as
determined by the Secretary of Housing and
Urban Development) and the per capita income
for the rural recovery area served by the grantee;
or
(B) $200,000.
(f) ELIGIBLE ACTIVITIES.—Each grantee shall use
amounts received under this section for one or more of the
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following eligible activities, which may be undertaken either
directly by the grantee, or by any local economic develop-
ment corporation, regional planning district, nonprofit
community development corporation, or statewide develop-
ment organization authorized by the grantee—
(1) the acquisition, construction, repair, recon-
struction, operation, maintenance, or installation of
facilities for water and wastewater service or any
other infrastructure needs determined to be critical to
the further development or improvement of a des-
ignated industrial park;
(2) the acquisition or disposition of real prop-
erty (including air rights, water rights, and other in-
terests therein) for rural community development ac-
tivities;
(3) the development of telecommunications infra-
structure within a designated industrial park that en-
courages high technology business development in
rural areas;
(4) activities necessary to develop and implement
a comprehensive rural development plan, including
payment of reasonable administrative costs related to
planning and execution of rural development activi-
ties; or
(5) affordable housing initiatives.
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(g) PERFORMANCE AND EVALUATION REPORT.—
(1) IN GENERAL.—Each grantee shall annually
submit to the appropriate Secretary a performance
and evaluation report, concerning the use of amounts
received under this section.
(2) CONTENTS.—Each report submitted under
paragraph (1) shall include a description of—
(A) the eligible activities carried out by the
grantee with amounts received under this section,
and the degree to which the grantee has achieved
the rural development objectives included in the
final statement submitted under subsection
(d)(1);
(B) the nature of and reasons for any
change in the rural development objectives or the
eligible activities of the grantee after submission
of the final statement under subsection (d)(1);
and
(C) any manner in which the grantee would
change the rural development objectives of the
grantee as a result of the experience of the grant-
ee in administering amounts received under this
section.
(h) RETENTION OF INCOME.—A grantee may retain
any income that is realized from the grant, if—
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(1) the income was realized after the initial dis-
bursement of amounts to the grantee under this sec-
tion; and
(2) the—
(A) grantee agrees to utilize the income for
one or more eligible activities; or
(B) amount of the income is determined by
the Secretary to be so small that compliance with
subparagraph (A) would create an unreasonable
administrative burden on the grantee.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$100,000,000 for each of fiscal years 2003 through 2009.
DIVISION D—INTEGRATION OF
ENERGY 
POLICY 
AND 
CLI-
MATE CHANGE POLICY
TITLE X—NATIONAL CLIMATE
CHANGE POLICY
Subtitle A—Sense of Congress
SEC. 1001. SENSE OF CONGRESS ON CLIMATE CHANGE.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Evidence continues to build that increases in
atmospheric concentrations of man-made greenhouse
gases are contributing to global climate change.
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(2) The Intergovernmental Panel on Climate
Change (IPCC) has concluded that ‘‘there is new and
stronger evidence that most of the warming observed
over the last 50 years is attributable to human activi-
ties’’ and that the Earth’s average temperature can be
expected to rise between 2.5 and 10.4 degrees Fahr-
enheit in this century.
(3) The National Academy of Sciences confirmed
the findings of the IPCC, stating that ‘‘the IPCC’s
conclusion that most of the observed warming of the
last 50 years is likely to have been due to the increase
of greenhouse gas concentrations accurately reflects
the current thinking of the scientific community on
this issue’’ and that ‘‘there is general agreement that
the observed warming is real and particularly strong
within the past twenty years’’. The National Academy
of Sciences also noted that ‘‘because there is consider-
able uncertainty in current understanding of how the
climate system varies naturally and reacts to emis-
sions of greenhouse gases and aerosols, current esti-
mates of the magnitude of future warming should be
regarded as tentative and subject to future adjust-
ments upward or downward’’.
(4) The IPCC has stated that in the last 40
years, the global average sea level has risen, ocean
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heat content has increased, and snow cover and ice
extent have decreased, which threatens to inundate
low-lying island nations and coastal regions through-
out the world.
(5) In October 2000, a United States Govern-
ment report found that global climate change may
harm the United States by altering crop yields, accel-
erating sea-level rise, and increasing the spread of
tropical infectious diseases.
(6) In 1992, the United States ratified the
United Nations Framework Convention on Climate
Change (UNFCCC), the ultimate objective of which is
the ‘‘stabilization of greenhouse gas concentrations in
the atmosphere at a level that would prevent dan-
gerous anthropogenic interference with the climate
system. Such a level should be achieved within a
time-frame sufficient to allow ecosystems to adapt
naturally to climate change, to ensure that food pro-
duction is not threatened and to enable economic de-
velopment to proceed in a sustainable manner’’.
(7) The UNFCCC stated in part that the Parties
to the Convention are to implement policies ‘‘with the
aim of returning . . . to their 1990 levels anthropo-
genic emissions of carbon dioxide and other green-
house gases’’ under the principle that ‘‘policies and
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measures . . . should be appropriate for the specific
conditions of each Party and should be integrated
with national development programmes, taking into
account that economic development is essential for
adopting measures to address climate change’’.
(8) There is a shared international responsibility
to address this problem, as industrial nations are the
largest historic and current emitters of greenhouse
gases and developing nations’ emissions will signifi-
cantly increase in the future.
(9) The UNFCCC further stated that ‘‘developed
country Parties should take the lead in combating cli-
mate change and the adverse effects thereof’’, as these
nations are the largest historic and current emitters
of greenhouse gases. The UNFCCC also stated that
‘‘steps required to understand and address climate
change will be environmentally, socially and economi-
cally most effective if they are based on relevant sci-
entific, technical and economic considerations and
continually re-evaluated in the light of new findings
in these areas’’.
(10) Senate Resolution 98 of the One Hundred
Fifth Congress, which expressed that developing na-
tions must also be included in any future, binding
climate change treaty and such a treaty must not re-
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sult in serious harm to the United States economy,
should not cause the United States to abandon its
shared responsibility to help reduce the risks of cli-
mate change and its impacts. Future international ef-
forts in this regard should focus on recognizing the eq-
uitable responsibilities for addressing climate change
by all nations, including commitments by the largest
developing country emitters in a future, binding cli-
mate change treaty.
(11) It is the position of the United States that
it will not interfere with the plans of any nation that
chooses to ratify and implement the Kyoto Protocol to
the UNFCCC.
(12) American businesses need to know how gov-
ernments worldwide will address the risks of climate
change.
(13) The United States benefits from investments
in the research, development and deployment of a
range of clean energy and efficiency technologies that
can reduce the risks of climate change and its impacts
and that can make the United States economy more
productive, bolster energy security, create jobs, and
protect the environment.
(b) SENSE OF CONGRESS.—It is the sense of the United
States Congress that the United States should demonstrate
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international leadership and responsibility in reducing the
health, environmental, and economic risks posed by climate
change by—
(1) taking responsible action to ensure signifi-
cant and meaningful reductions in emissions of
greenhouse gases from all sectors;
(2) creating flexible international and domestic
mechanisms, including joint implementation, tech-
nology deployment, tradable credits for emissions re-
ductions and carbon sequestration projects that will
reduce, avoid, and sequester greenhouse gas emissions;
and
(3) participating in international negotiations,
including putting forth a proposal to the Conference
of the Parties, with the objective of securing United
States participation in a future binding climate
change Treaty in a manner that is consistent with the
environmental objectives of the UNFCCC, that pro-
tects the economic interests of the United States, and
recognizes the shared international responsibility for
addressing climate change, including developing coun-
try participation.
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Subtitle B—Climate Change
Strategy
SEC. 1011. SHORT TITLE.
This subtitle may be cited as the ‘‘Climate Change
Strategy and Technology Innovation Act of 2003’’.
SEC. 1012. DEFINITIONS.
In this subtitle:
(1) CLIMATE-FRIENDLY TECHNOLOGY.—The term
‘‘climate-friendly technology’’ means any energy sup-
ply or end-use technology that, over the life of the
technology and compared to similar technology in
commercial use as of the date of enactment of this
Act—
(A) results in reduced emissions of green-
house gases;
(B) may substantially lower emissions of
other pollutants; and
(C) may generate substantially smaller or
less hazardous quantities of solid or liquid waste.
(2) DEPARTMENT.—The term ‘‘Department’’
means the Department of Energy.
(3) DEPARTMENT OFFICE.—The term ‘‘Depart-
ment Office’’ means the Office of Climate Change
Technology of the Department established by section
1015(a).
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(4) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ has the meaning given the term ‘‘agency’’ in sec-
tion 551 of title 5, United States Code.
(5) GREENHOUSE GAS.—The term ‘‘greenhouse
gas’’ means—
(A) an anthropogenic gaseous constituent of
the atmosphere (including carbon dioxide, meth-
ane, 
nitrous 
oxide, 
chlorofluorocarbons,
hydrofluorocarbons, 
perfluorocarbons, 
sulfur
hexafluoride, and tropospheric ozone) that ab-
sorbs and re-emits infrared radiation and influ-
ences climate; and
(B) an anthropogenic aerosol (such as black
soot) that absorbs solar radiation and influences
climate.
(6) INTERAGENCY
TASK
FORCE.—The term
‘‘Interagency Task Force’’ means the Interagency
Task Force established under section 1014(e).
(7) KEY
ELEMENT.—The term ‘‘key element’’,
with respect to the Strategy, means—
(A) definition of interim emission mitiga-
tion levels, that, coupled with specific mitigation
approaches and after taking into account actions
by other nations (if any), would result in sta-
bilization of greenhouse gas concentrations;
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(B) technology development, including—
(i) a national commitment to double
energy research and development by the
United States public and private sectors;
and
(ii) in carrying out such research and
development, a national commitment to
provide a high degree of emphasis on bold,
breakthrough technologies that will make
possible a profound transformation of the
energy, transportation, industrial, agricul-
tural, and building sectors of the United
States;
(C) climate adaptation research that focuses
on actions necessary to adapt to climate
change—
(i) that may have already occurred; or
(ii) that may occur under future cli-
mate change scenarios;
(D) climate science research that—
(i) builds on the substantial scientific
understanding of climate change that exists
as of the date of enactment of this subtitle;
and
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(ii) focuses on reducing the remaining
scientific, technical, and economic uncer-
tainties to aid in the development of sound
response strategies.
(8) LONG-TERM GOAL OF THE STRATEGY.—The
term ‘‘long-term goal of the Strategy’’ means the long-
term goal in section 1013(a)(1).
(9) MITIGATION.—The term ‘‘mitigation’’ means
actions that reduce, avoid, or sequester greenhouse
gases.
(10) NATIONAL
ACADEMY
OF
SCIENCES.—The
term ‘‘National Academy of Sciences’’ means the Na-
tional Academy of Sciences, the National Academy of
Engineering, the Institute of Medicine, and the Na-
tional Research Council.
(11) QUALIFIED INDIVIDUAL.—
(A) IN GENERAL.—The term ‘‘qualified in-
dividual’’ means an individual who has dem-
onstrated expertise and leadership skills to draw
on other experts in diverse fields of knowledge
that are relevant to addressing the climate
change challenge.
(B) FIELDS OF KNOWLEDGE.—The fields of
knowledge referred to in subparagraph (A) are—