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shall be stated clearly and conspicuously on the bill-
ing statement:
‘‘(A) The date on which that payment is
due or, if different, the earliest date on which a
late payment fee may be charged.
‘‘(B) The amount of the late payment fee to
be imposed if payment is made after such date.’’.
(b) REGULATORY IMPLEMENTATION.—
(1) IN GENERAL.—The Board shall promulgate
regulations implementing the requirements of section
127(b)(12) of the Truth in Lending Act, as added by
this section.
(2) EFFECTIVE DATE.—The amendment made by
subsection (a) and regulations issued under para-
graph (1) of this subsection shall not take effect until
the later of—
(A) 12 months after the date of enactment
of this Act; or
(B) 12 months after the date of publication
of such final regulations by the Board.
SEC. 1306. PROHIBITION ON CERTAIN ACTIONS FOR FAIL-
URE TO INCUR FINANCE CHARGES.
(a) PROHIBITION ON CERTAIN ACTIONS FOR FAILURE
TO INCUR FINANCE CHARGES.—Section 127 of the Truth
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in Lending Act (15 U.S.C. 1637) is amended by adding
at the end the following:
‘‘(h) PROHIBITION ON CERTAIN ACTIONS FOR FAILURE
TO INCUR FINANCE CHARGES.—A creditor of an account
under an open end consumer credit plan may not terminate
an account prior to its expiration date solely because the
consumer has not incurred finance charges on the account.
Nothing in this subsection shall prohibit a creditor from
terminating an account for inactivity in 3 or more consecu-
tive months.’’.
(b) REGULATORY IMPLEMENTATION.—
(1) IN GENERAL.—The Board shall promulgate
regulations implementing the requirements of section
127(h) of the Truth in Lending Act, as added by this
section.
(2) EFFECTIVE DATE.—The amendment made by
subsection (a) and regulations issued under para-
graph (1) of this subsection shall not take effect until
the later of—
(A) 12 months after the date of enactment
of this Act; or
(B) 12 months after the date of publication
of such final regulations by the Board.
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SEC. 1307. DUAL USE DEBIT CARD.
(a) REPORT.—The Board may conduct a study of, and
present to Congress a report containing its analysis of, con-
sumer protections under existing law to limit the liability
of consumers for unauthorized use of a debit card or similar
access device. Such report, if submitted, shall include rec-
ommendations for legislative initiatives, if any, of the
Board, based on its findings.
(b) CONSIDERATIONS.—In preparing a report under
subsection (a), the Board may include—
(1) the extent to which section 909 of the Elec-
tronic Fund Transfer Act (15 U.S.C. 1693g), as in ef-
fect at the time of the report, and the implementing
regulations promulgated by the Board to carry out
that section provide adequate unauthorized use liabil-
ity protection for consumers;
(2) the extent to which any voluntary industry
rules have enhanced or may enhance the level of pro-
tection afforded consumers in connection with such
unauthorized use liability; and
(3) whether amendments to the Electronic Fund
Transfer Act (15 U.S.C. 1693 et seq.), or revisions to
regulations promulgated by the Board to carry out
that Act, are necessary to further address adequate
protection for consumers concerning unauthorized use
liability.
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SEC. 1308. STUDY OF BANKRUPTCY IMPACT OF CREDIT EX-
TENDED TO DEPENDENT STUDENTS.
(a) STUDY.—
(1) IN GENERAL.—The Board shall conduct a
study regarding the impact that the extension of cred-
it described in paragraph (2) has on the rate of bank-
ruptcy cases filed under title 11, United States Code.
(2) EXTENSION OF CREDIT.—The extension of
credit described in this paragraph is the extension of
credit to individuals who are—
(A) claimed as dependents for purposes of
the Internal Revenue Code of 1986; and
(B) enrolled within 1 year of successfully
completing all required secondary education re-
quirements and on a full-time basis, in postsec-
ondary educational institutions.
(b) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Board shall submit to the Senate
and the House of Representatives a report summarizing the
results of the study conducted under subsection (a).
SEC. 1309. CLARIFICATION OF CLEAR AND CONSPICUOUS.
(a) REGULATIONS.—Not later than 6 months after the
date of enactment of this Act, the Board, in consultation
with the other Federal banking agencies (as defined in sec-
tion 3 of the Federal Deposit Insurance Act), the National
Credit Union Administration Board, and the Federal
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Trade Commission, shall promulgate regulations to provide
guidance regarding the meaning of the term ‘‘clear and con-
spicuous’’, as used in subparagraphs (A), (B), and (C) of
section 127(b)(11) and clauses (ii) and (iii) of section
127(c)(6)(A) of the Truth in Lending Act.
(b) EXAMPLES.—Regulations promulgated under sub-
section (a) shall include examples of clear and conspicuous
model disclosures for the purposes of disclosures required
by the provisions of the Truth in Lending Act referred to
in subsection (a).
(c) STANDARDS.—In promulgating regulations under
this section, the Board shall ensure that the clear and con-
spicuous standard required for disclosures made under the
provisions of the Truth in Lending Act referred to in sub-
section (a) can be implemented in a manner which results
in disclosures which are reasonably understandable and de-
signed to call attention to the nature and significance of
the information in the notice.
TITLE XIV—EMERGENCY ENERGY
ASSISTANCE AND CONSERVA-
TION MEASURES
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Energy Emergency Re-
sponse Act of 2001’’.
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SEC. 1402. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) high energy costs are causing hardship for
families;
(2) restructured energy markets have increased
the need for a higher and more consistent level of
funding for low-income energy assistance programs;
(3) conservation programs implemented by the
States and the low-income weatherization program
reduce costs and need for additional energy supplies;
(4) energy conservation is a cornerstone of na-
tional energy security policy;
(5) the Federal Government is the largest con-
sumer of energy in the economy of the United States;
and
(6) many opportunities exist for significant en-
ergy cost savings within the Federal Government.
(b) PURPOSES.—The purposes of this title are to pro-
vide assistance to those individuals most affected by high
energy prices and to promote and accelerate energy con-
servation investments in private and Federal facilities.
SEC. 1403. INCREASED FUNDING FOR LIHEAP, WEATHERIZA-
TION 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
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following: ‘‘There are authorized to be appropriated to carry
out the provisions of this title (other than section 2607A),
$3,400,000,000 for each of fiscal years 2001 through 2005.’’.
(2) Section 2605(b)(2) of the Low-Income Home En-
ergy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)) is
amended by adding at the end the following: ‘‘and except
that during fiscal year 2001, a State may make payments
under this title to households with incomes up to and in-
cluding 200 percent of the poverty level for such State’’.
(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 insert-
ing: ‘‘$310,000,000 for fiscal years 2001 and 2002,
$325,000,000 for fiscal year 2003, $400,000,000 for fiscal
year 2004, and $500,000,000 for fiscal year 2005.’’.
(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: ‘‘$75,000,000 for each of fiscal years 2001
through 2005’’.
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SEC. 1404. FEDERAL ENERGY MANAGEMENT REVIEWS.
Section 543 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8253) is amended by adding at the end
the following:
‘‘(e) PRIORITY RESPONSE REVIEWS.—Each agency
shall—
‘‘(1) not later than October 1, 2001, undertake a
comprehensive review of all practicable measures
for—
‘‘(A) increasing energy and water conserva-
tion; and
‘‘(B) using renewable energy sources; and
‘‘(2) not later than 180 days after completing the
review, implement measures to achieve not less than
50 percent of the potential efficiency and renewable
savings identified in the review.’’.
SEC. 1405. COST SAVINGS FROM 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:
‘‘(3)(A) In the case of an energy savings contract or
energy savings performance contract providing 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 re-
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sulting from reduced costs of operation and maintenance
at such replacement buildings or facilities when compared
with costs of operation and maintenance at the buildings
or facilities being replaced.
‘‘(B) Notwithstanding paragraph (2)(B), aggregate
annual payments by an agency under an energy savings
contract or energy savings performance contract referred to
in subparagraph (A) may take into account (through the
procedures developed pursuant to this section) savings re-
sulting from reduced costs of operation and maintenance
as described in subparagraph (A).’’.
SEC. 1406. REPEAL OF ENERGY SAVINGS PERFORMANCE
CONTRACT SUNSET.
Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is repealed.
SEC. 1407. ENERGY SAVINGS PERFORMANCE CONTRACT
DEFINITIONS.
(a) ENERGY SAVINGS.—Section 804(2) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is
amended to read as follows:
‘‘(2) The term ‘energy savings’ means a reduction in
the cost of energy, water, or wastewater treatment from a
base cost established through a methodology set forth in the
contract, used by either—
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‘‘(A) an existing federally owned building or
buildings or other federally owned facilities as a re-
sult of—
‘‘(i) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services;
‘‘(ii) more efficient use of existing energy
sources by cogeneration or heat recovery, exclud-
ing any cogeneration process for other than a
federally owned building or buildings or other
federally owned facilities; or
‘‘(iii) more efficient use of water at an exist-
ing federally owned building or buildings, in ei-
ther interior or exterior applications; or
‘‘(B) a replacement facility under section
801(a)(3).’’.
(b) ENERGY SAVINGS CONTRACT.—Section 804(3) of
the National Energy Conservation Policy Act (42 U.S.C.
8287c(3)) is amended to read as follows:
‘‘(3) The terms ‘energy savings contract’ and ‘energy
savings performance contract’ mean a contract which pro-
vides for—
‘‘(A) the performance of services for the design,
acquisition, installation, testing, operation, and,
where appropriate, maintenance and repair, of an
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identified energy, water conservation, or wastewater
treatment measure or series of measures at one or
more locations; or
‘‘(B) energy savings through the construction
and operation of one or more buildings or facilities
to replace one or more existing buildings or facili-
ties.’’.
(c) ENERGY OR WATER CONSERVATION MEASURE.—
Section 804(4) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(4)) is amended to read a follows:
‘‘(4) The term ‘energy or water conservation
measure’ means—
‘‘(A) an energy conservation measure, as de-
fined in section 551(4) (42 U.S.C. 8259(4)); or
‘‘(B) a water conservation measure that im-
proves the efficiency of water use, is life cycle
cost effective, and involves water conservation,
water recycling or reuse, improvements in oper-
ation or maintenance efficiencies, retrofit activi-
ties or other related activities, not affecting the
power generating operations at a federally owned
hydroelectric dam.’’.
SEC. 1408. EFFECTIVE DATE.
This title and the amendments made by this title shall
take effect upon the date of enactment of this title.
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TITLE XV—GENERAL EFFECTIVE
DATE; 
APPLICATION 
OF
AMENDMENTS
SEC. 1501. EFFECTIVE DATE; APPLICATION OF AMEND-
MENTS.
(a) EFFECTIVE DATE.—Except as otherwise provided
in this Act, this Act and the amendments made by this Act
shall take effect 180 days after the date of enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—Except as other-
wise provided in this Act, the amendments made by this
Act shall not apply with respect to cases commenced under
title 11, United States Code, before the effective date of this
Act.
TITLE XVI—MISCELLANEOUS
PROVISIONS
SEC. 1601. REIMBURSEMENT OF RESEARCH, DEVELOPMENT,
AND MAINTENANCE COSTS.
(a) IN GENERAL.—Not later August 1, 2001, the Fed-
eral Crop Insurance Corporation shall promulgate final
regulations to carry out section 522(b) of the Federal Crop
Insurance Act (7 U.S.C. 522(b)), without regard to—
(1) the notice and comment provisions of section
553 of title 5, United States Code;
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(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(b) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this section, the Corporation
shall use the authority provided under section 808 of title
5, United States Code.
(c) EFFECTIVE DATE.—The final regulations promul-
gated under subsection (a) shall take effect on the date of
publication of the final regulations.
SEC. 1602. STUDY OF THE EFFECT OF THE BANKRUPTCY RE-
FORM ACT OF 2001.
(a) STUDY.—The General Accounting Office (in this
section referred to as the ‘‘GAO’’) shall conduct a study to
determine—
(1) the impact of this Act and the amendments
made by this Act on—
(A) the number of filings under chapter 7
and chapter 13 of title 11, United States Code;
(B) the number of plan confirmations under
chapter 13 of title 11, United States Code, and
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the number of such plans that are successfully
completed; and
(C) the cost of filing for bankruptcy under
chapter 7 and chapter 13 of title 11, United
States Code, in each State;
(2) the effect of the enactment of this Act on—
(A) the availability and marketing of cred-
it; and
(B) the price and terms of credit for con-
sumers; and
(3) the extent to which this Act and the amend-
ments made by this Act impact the ability of debtors
below median income to obtain bankruptcy relief.
(b) REPORT TO CONGRESS.—Not later than 2 years
after the effective date of this Act, the GAO shall submit
a report to the Congress on the results of the study con-
ducted under subsection (a).
(c) DATA COLLECTION BY UNITED STATES TRUST-
EES.—
(1) IN GENERAL.—The Director of the Executive
Office for United States Trustees shall collect data on
the number of reaffirmations by debtors under title
11, United States Code, the identity of the creditors
in such reaffirmations, and the type of debt that is
reaffirmed.
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(2) AVAILABILITY.—Periodically, but not less
than annually, the Director shall make available to
the public the data described in paragraph (1) in
such manner as the Director may determine.
Attest:
Secretary.
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