I 
109TH CONGRESS 
1ST SESSION H. R. 1533
To ensure jobs for our future with secure and reliable energy. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2005
Mr. TOM DAVIS of Virginia (for himself and Mr. WAXMAN) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Government Reform, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To ensure jobs for our future with secure and reliable energy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Energy Management Improvement Act of 
2005’’. 
(a) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—ENERGY EFFICIENCY
Sec. 102. Energy management requirements. 
Sec. 104. Procurement of energy efficient products. 
Sec. 105. Energy Savings Performance Contracts. 
TITLE II—RENEWABLE ENERGY 
Sec. 203. Federal purchase requirement. 
TITLE VI—NUCLEAR MATTERS 
Sec. 624. Elimination of pension offset. 
Sec. 632. Whistleblower protection. 
TITLE VII—VEHICLES AND FUELS 
Sec. 701. Use of alternative fuels by dual-fueled vehicles. 
Sec. 704. Incremental cost allocation. 
Sec. 707. Report concerning compliance with alternative fueled vehicle pur-
chasing requirements. 
TITLE X—DEPARTMENT OF ENERGY MANAGEMENT 
Sec. 1001. Additional Assistant Secretary position. 
Sec. 1002. Other transactions authority. 
TITLE XVI—STUDIES 
Sec. 1606. Telecommuting study.
TITLE I—ENERGY EFFICIENCY 
SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 
(a) ENERGY REDUCTION GOALS.—
(1) AMENDMENT.—Section 543(a)(1) of the 
National Energy Conservation Policy Act (42 U.S.C. 
8253(a)(1)) is amended by striking ‘‘its Federal 
buildings so that’’ and all that follows through the 
end and inserting ‘‘the Federal buildings of the 
agency (including each industrial or laboratory facil-
ity) so that the energy consumption per gross square 
foot of the Federal buildings of the agency in fiscal 
years 2006 through 2015 is reduced, as compared 
with the energy consumption per gross square foot
of the Federal buildings of the agency in fiscal year 
2003, by the percentage specified in the following 
table:
‘‘Fiscal Year 
Percentage reduction 
2006 ...................................................................................................
2007 ...................................................................................................
2008 ...................................................................................................
2009 ...................................................................................................
2010 ...................................................................................................
2011 ...................................................................................................
2012 ...................................................................................................
2013 ...................................................................................................
2014 ...................................................................................................
2015 ...................................................................................................
20.’’.
(2) REPORTING BASELINE.—The energy reduc-
tion goals and baseline established in paragraph (1) 
of section 543(a) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8253(a)(1)), as amended 
by this subsection, supersede all previous goals and 
baselines under such paragraph, and related report-
ing requirements. 
(b) REVIEW AND REVISION OF ENERGY PERFORM-
ANCE REQUIREMENT.—Section 543(a) of the National 
Energy Conservation Policy Act (42 U.S.C. 8253(a)) is 
further amended by adding at the end the following: 
‘‘(3) Not later than December 31, 2014, the Sec-
retary shall review the results of the implementation of 
the energy performance requirement established under 
paragraph (1) and submit to Congress recommendations 
concerning energy performance requirements for fiscal 
years 2016 through 2025.’’.
(c) EXCLUSIONS.—Section 543(c)(1) of the National 
Energy Conservation Policy Act (42 U.S.C. 8253(c)(1)) 
is amended by striking ‘‘An agency may exclude’’ and all 
that follows through the end and inserting ‘‘(A) An agency 
may exclude, from the energy performance requirement 
for a fiscal year established under subsection (a) and the 
energy management requirement established under sub-
section (b), any Federal building or collection of Federal 
buildings, if the head of the agency finds that—
‘‘(i) compliance with those requirements would 
be impracticable; 
‘‘(ii) the agency has completed and submitted 
all federally required energy management reports; 
‘‘(iii) the agency has achieved compliance with 
the energy efficiency requirements of this Act, the 
Energy Policy Act of 1992, Executive orders, and 
other Federal law; and 
‘‘(iv) the agency has implemented all prac-
ticable, life cycle cost-effective projects with respect 
to the Federal building or collection of Federal 
buildings to be excluded. 
‘‘(B) A finding of impracticability under subpara-
graph (A)(i) shall be based on—
‘‘(i) the energy intensiveness of activities car-
ried out in the Federal building or collection of Fed-
eral buildings; or 
‘‘(ii) the fact that the Federal building or col-
lection of Federal buildings is used in the perform-
ance of a national security function.’’. 
(d) REVIEW BY SECRETARY.—Section 543(c)(2) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8253(c)(2)) is amended—
(1) by striking ‘‘impracticability standards’’ and 
inserting ‘‘standards for exclusion’’; 
(2) by striking ‘‘a finding of impracticability’’ 
and inserting ‘‘the exclusion’’; and 
(3) by striking ‘‘energy consumption require-
ments’’ and inserting ‘‘requirements of subsections 
(a) and (b)(1)’’. 
(e) CRITERIA.—Section 543(c) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253(c)) is fur-
ther amended by adding at the end the following: 
‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guide-
lines that establish criteria for exclusions under paragraph 
(1).’’. 
(f) RETENTION OF ENERGY AND WATER SAVINGS.—
Section 546 of the National Energy Conservation Policy
Act (42 U.S.C. 8256) is amended by adding at the end 
the following new subsection: 
‘‘(e) RETENTION
OF ENERGY
AND WATER SAV-
INGS.—An agency may retain any funds appropriated to 
that agency for energy expenditures, water expenditures, 
or wastewater treatment expenditures, at buildings subject 
to the requirements of section 543(a) and (b), that are 
not made because of energy savings or water savings. Ex-
cept as otherwise provided by law, such funds may be used 
only for energy efficiency, water conservation, or uncon-
ventional and renewable energy resources projects.’’. 
(g) REPORTS.—Section 548(b) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 
amended—
(1) in the subsection heading, by inserting 
‘‘THE PRESIDENT AND’’ before ‘‘CONGRESS’’; and 
(2) by inserting ‘‘President and’’ before ‘‘Con-
gress’’. 
(h) CONFORMING AMENDMENT.—Section 550(d) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8258b(d)) is amended in the second sentence by striking 
‘‘the 20 percent reduction goal established under section 
543(a) of the National Energy Conservation Policy Act 
(42 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy 
reduction goals established under section 543(a).’’.
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS. 
(a) REQUIREMENTS.—Part 3 of title V of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8251 
et seq.), as amended by section 101, is amended by adding 
at the end the following: 
‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI-
CIENT PRODUCTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ENERGY STAR PRODUCT.—The term ‘En-
ergy Star product’ means a product that is rated for 
energy efficiency under an Energy Star program. 
‘‘(2) ENERGY STAR PROGRAM.—The term ‘En-
ergy Star program’ means the program established 
by section 324A of the Energy Policy and Conserva-
tion Act. 
‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning given the term in section 
4 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403). 
‘‘(4) FEMP DESIGNATED PRODUCT.—The term 
‘FEMP designated product’ means a product that is 
designated under the Federal Energy Management 
Program of the Department of Energy as being 
among the highest 25 percent of equivalent products 
for energy efficiency.