consistent with the criteria used for rating Energy
Star products and for rating FEMP designated
products.
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN
FEDERAL CATALOGS.—Energy Star 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,
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) SPECIFIC PRODUCTS.—(1) In the case of elec-
tric motors of 1 to 500 horsepower, agencies shall select
only premium efficient motors that meet a standard des-
ignated by the Secretary. The Secretary shall designate
such a standard not later than 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.
‘‘(2) All Federal agencies are encouraged to take ac-
tions to maximize the efficiency of air conditioning and
refrigeration equipment, including appropriate cleaning
and maintenance, including the use of any system treat-
ment or additive that will reduce the electricity consumed
by air conditioning and refrigeration equipment. Any such
treatment or additive must be—
‘‘(A) determined by the Secretary to be effective
in increasing the efficiency of air conditioning and
refrigeration equipment without having an adverse
impact on air conditioning performance (including
cooling capacity) or equipment useful life;
‘‘(B) determined by the Administrator of the
Environmental Protection Agency to be environ-
mentally safe; and
‘‘(C) shown to increase seasonal energy effi-
ciency ratio (SEER) or energy efficiency ratio
(EER) when tested by the National Institute of
Standards and Technology according to Department
of Energy test procedures without causing any ad-
verse impact on the system, system components, the
refrigerant or lubricant, or other materials in the
system.
Results of testing described in subparagraph (C) shall be
published in the Federal Register for public review and
comment. For purposes of this section, a hardware device
or primary refrigerant shall not be considered an additive.
‘‘(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 of the National Energy Conservation Policy Act is
further amended by inserting after the item relating to
section 552 the following new item:
‘‘Sec. 553. Federal procurement of energy efficient products.’’.
SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) LIMITATIONS.—
(1) IN GENERAL.—Section 801(a)(2) of the Na-
tional Energy Conservation Policy Act (42 U.S.C.
8287(a)(2)) is amended by adding at the end the
following subparagraph:
‘‘(E) All Federal agencies combined may not, after
the date of enactment of the Energy Policy Act of 2005,
enter into more than a total of 100 contracts under this
title. Payments made by the Federal Government under
all contracts permitted by this subparagraph combined
shall not exceed a total of $500,000,000. Each Federal
agency shall appoint a coordinator for Energy Savings
Performance Contracts with the responsibility to monitor
the number of such contracts for that Federal agency and
the investment value of each contract. The coordinators
for each Federal agency shall meet monthly and report
to the Office of Management and Budget to ensure that
the limits specified in this subparagraph on the number
of contracts and the payments made for the contracts are
not exceeded. No Federal agency shall enter into a con-
tract under this title unless the Office of Management and
Budget has approved such contract.’’.
(2) DEFINITION.—Section 804(1) of the Na-
tional Energy Conservation Policy Act (42 U.S.C.
8287c(1)) is amended to read as follows:
‘‘(1) The term ‘Federal agency’ means the De-
partment of Defense, the Department of Veterans
Affairs, and the Department of Energy.’’.
(3) VALIDITY
OF
CONTRACTS.—The amend-
ments made by this subsection shall not affect the
validity of contracts entered into under title VIII of
the National Energy Conservation Policy Act (42
U.S.C. 8287 et seq.) before the date of enactment
of this Act, or of contracts described in subsection
(c).
(b) PERMANENT EXTENSION.—Effective October 1,
2006, section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is repealed.
(c) EXTENSION OF AUTHORITY.—Any energy savings
performance contract entered into under section 801 of
the National Energy Conservation Policy Act (42 U.S.C.
8287) after October 1, 2006, and before the date of enact-
ment of this Act, shall be deemed to have been entered
into pursuant to such section 801 as amended by sub-
section (a) of this section.
SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY.
(a) VOLUNTARY AGREEMENTS.—The Secretary of
Energy is authorized to enter into voluntary agreements
with 1 or more persons in industrial sectors that consume
significant amounts of primary energy per unit of physical
output to reduce the energy intensity of their production
activities by a significant amount relative to improvements
in each sector in recent years.
(b) RECOGNITION.—The Secretary of Energy, in co-
operation with the Administrator of the Environmental
Protection Agency and other appropriate Federal agen-
cies, shall recognize and publicize the achievements of par-
ticipants in voluntary agreements under this section.
(c) DEFINITION.—In this section, the term ‘‘energy
intensity’’ means the primary energy consumed per unit
of physical output in an industrial process.
SEC. 108. ADVANCED BUILDING EFFICIENCY TESTBED.
(a) ESTABLISHMENT.—The Secretary of Energy, in
consultation with the Administrator of General Services,
shall establish an Advanced Building Efficiency Testbed
program for the development, testing, and demonstration
of advanced engineering systems, components, and mate-
rials to enable innovations in building technologies. The
program shall evaluate efficiency concepts for government
and industry buildings, and demonstrate the ability of
next generation buildings to support individual and orga-
nizational productivity and health (including by improving
indoor air quality) as well as flexibility and technological
change to improve environmental sustainability. Such pro-
gram shall complement 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-