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‘‘(II) EFFECT
OF
FAILURE
TO
MAINTAIN AGGREGATE TOXICS REDUC-
TIONS.—If, in any calendar year, the
reduction of the average annual aggre-
gate emissions of toxic air pollutants
in a PADD fails to meet or exceed the
reduction of the average annual aggre-
gate emissions of toxic air pollutants
in the PADD in calendar years 1999
and 2000, the Administrator, not later
than 90 days after the date of publica-
tion of the report for the calendar year
under subclause (I), shall—
‘‘(aa) identify, to the max-
imum extent practicable, the rea-
sons for the failure, including the
sources, volumes, and characteris-
tics of reformulated gasoline that
contributed to the failure; and
‘‘(bb) promulgate revisions to
the regulations promulgated under
clause (ii), to take effect not ear-
lier than 180 days but not later
than 270 days after the date of
promulgation, to provide that,
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notwithstanding clause (iii)(II),
all reformulated gasoline produced
or distributed at each refinery or
importer shall meet the standards
applicable under clause (iii) not
later than April 1 of the year fol-
lowing the report in subclause (II)
and for subsequent years.
‘‘(vi) REGULATIONS TO CONTROL HAZ-
ARDOUS AIR POLLUTANTS FROM MOTOR VE-
HICLES AND MOTOR VEHICLE FUELS.—Not
later than July 1, 2004, the Administrator
shall promulgate final regulations to control
hazardous air pollutants from motor vehi-
cles and motor vehicle fuels, as provided for
in section 80.1045 of title 40, Code of Fed-
eral Regulations (as in effect on the date of
enactment of this subparagraph).’’.
(c) CONSOLIDATION
IN REFORMULATED GASOLINE
REGULATIONS.—Not later than 180 days after the date of
enactment of this Act, the Administrator shall revise the
reformulated gasoline regulations under subpart D of part
80 of title 40, Code of Federal Regulations, to consolidate
the regulations applicable to VOC-Control Regions 1 and
2 under section 80.41 of that title by eliminating the less
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stringent requirements applicable to gasoline designated for
VOC-Control Region 2 and instead applying the more strin-
gent requirements applicable to gasoline designated for
VOC-Control Region 1.
(d) SAVINGS CLAUSE.—Nothing in this section is in-
tended to affect or prejudice any legal claims or actions
with respect to regulations promulgated by the Adminis-
trator prior to enactment of this Act regarding emissions
of toxic air pollutants from motor vehicles.
(e) DETERMINATION
REGARDING
A
STATE
PETI-
TION.—Section 211(k) of the Clean Air Act (42 U.S.C.
7545(k)) is amended by inserting after paragraph (10) the
following:
‘‘(11) DETERMINATION REGARDING A STATE PE-
TITION.—
‘‘(A) IN
GENERAL.—Notwithstanding any
other provision of this section, not less than 30
days after enactment of this paragraph the Ad-
ministrator must determine the adequacy of any
petition received from a Governor of a State to
exempt gasoline sold in that State from the re-
quirements of paragraph (2)(B).
‘‘(B) APPROVAL.—If the determination in
(A) is not made within thirty days of enactment
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of this paragraph, the petition shall be deemed
approved.’’.
SEC. 835. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS
OF FUELS AND FUEL ADDITIVES.
Section 211(b) of the Clean Air Act (42 U.S.C.
7545(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘may also’’ and inserting
‘‘shall, on a regular basis,’’; and
(B) by striking subparagraph (A) and in-
serting the following:
‘‘(A) to conduct tests to determine potential
public health and environmental effects of the
fuel 
or 
additive 
(including 
carcinogenic,
teratogenic, or mutagenic effects); and’’; and
(2) by adding at the end the following:
‘‘(4) STUDY ON CERTAIN FUEL ADDITIVES AND
BLENDSTOCKS.—
‘‘(A) IN GENERAL.—Not later than 2 years
after the date of enactment of this paragraph, the
Administrator shall—
‘‘(i) conduct a study on the effects on
public health, air quality, and water re-
sources of increased use of, and the feasi-
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bility of using as substitutes for methyl ter-
tiary butyl ether in gasoline—
‘‘(I) ethyl tertiary butyl ether;
‘‘(II) tertiary amyl methyl ether;
‘‘(III) di-isopropyl ether;
‘‘(IV) tertiary butyl alcohol;
‘‘(V) other ethers and heavy alco-
hols, as determined by then Adminis-
trator;
‘‘(VI) ethanol;
‘‘(VII) iso-octane; and
‘‘(VIII) alkylates; and
‘‘(ii) conduct a study on the effects on
public health, air quality, and water re-
sources of the adjustment for ethanol-blend-
ed reformulated gasoline to the VOC per-
formance requirements otherwise applicable
under sections 211(k)(1) and 211(k)(3) of
the Clean Air Act.
‘‘(iii) submit to the Committee on En-
vironment and Public Works of the Senate
and the Committee on Energy and Com-
merce of the House of Representatives a re-
port describing the results of these studies.
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‘‘(B) CONTRACTS FOR STUDY.—In carrying
out this paragraph, the Administrator may enter
into one or more contracts with nongovernmental
entities including but not limited to National
Energy Laboratories and institutions of higher
education (as defined in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)).’’.
SEC. 836. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.
Section 211 of the Clean Air Act (42 U.S.C. 7545) (as
amended by section 820(a)) is amended by inserting after
subsection (o) the following:
‘‘(p) ANALYSES OF MOTOR VEHICLE FUEL CHANGES
AND EMISSIONS MODEL.—
‘‘(1) ANTI-BACKSLIDING ANALYSIS.—
‘‘(A) DRAFT ANALYSIS.—Not later than 4
years after the date of enactment of this para-
graph, the Administrator shall publish for public
comment a draft analysis of the changes in emis-
sions of air pollutants and air quality due to the
use of motor vehicle fuel and fuel additives re-
sulting from implementation of the amendments
made by the Federal Reformulated Fuels Act of
2002.
‘‘(B) FINAL ANALYSIS.—After providing a
reasonable opportunity for comment but not
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later than 5 years after the date of enactment of
this paragraph, the Administrator shall publish
the analysis in final form.
‘‘(2) EMISSIONS MODEL.—For the purposes of
this subsection, as soon as the necessary data are
available, the Administrator shall develop and final-
ize an emissions model that reasonably reflects the ef-
fects of gasoline characteristics or components on
emissions from vehicles in the motor vehicle fleet dur-
ing calendar year 2005.’’.
SEC. 837. ADDITIONAL OPT-IN AREAS UNDER REFORMU-
LATED GASOLINE PROGRAM.
Section 211(k)(6) of the Clean Air Act (42 U.S.C.
7545(k)(6)) is amended—
(1) by striking ‘‘(6) OPT-IN AREAS.—(A) Upon’’
and inserting the following:
‘‘(6) OPT-IN AREAS.—
‘‘(A) CLASSIFIED AREAS.—
‘‘(i) IN GENERAL.—Upon’’;
(2) in subparagraph (B), by striking ‘‘(B) If’’
and inserting the following:
‘‘(ii) EFFECT
OF
INSUFFICIENT
DO-
MESTIC CAPACITY TO PRODUCE REFORMU-
LATED GASOLINE.—If’’;
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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 2002 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
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any Federal building or collection of Federal build-
ings, if the head of the agency finds that—
‘‘(i) compliance with those requirements
would be impracticable;
‘‘(ii) the agency has completed and sub-
mitted 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, Executives
Orders, and other Federal law; and
‘‘(iv) the agency has implemented all prac-
ticable, life-cycle cost-effective projects with re-
spect to the Federal building or collection of Fed-
eral buildings to be excluded.
‘‘(B) A finding of impracticability under sub-
paragraph (A)(i) shall be based on—
‘‘(i) the energy intensiveness of activities
carried out in the Federal building or collection
of Federal buildings; or
‘‘(ii) the fact that the Federal building or
collection of Federal buildings is used in the per-
formance of a national security function.’’.
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(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’’; and
(2) by striking ‘‘a finding of impracticability’’
and inserting ‘‘the exclusion’’.
(e) CRITERIA.—Section 543(c) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(c)) is further
amended by adding at the end the following:
‘‘(3) Not later than 180 days after the date of en-
actment of this paragraph, the Secretary shall issue
guidelines that establish criteria for exclusions under
paragraph (1).’’.
(f) REPORTS.—Section 548(b) of the National Energy
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’’.
(g) 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
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U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy reduc-
tion goals established under section 543(a).’’.
SEC. 912. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY.
Section 543 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8253) is further amended by adding at
the end the following:
‘‘(e) METERING OF ENERGY USE.—
‘‘(1) DEADLINE.—By October 1, 2004, all Fed-
eral buildings shall, for the purposes of efficient use
of energy and reduction in the cost of electricity used
in such buildings, be metered or submetered in ac-
cordance with guidelines established by the Secretary
under paragraph (2). Each agency shall use, to the
maximum extent practicable, advanced meters or ad-
vanced metering devices that provide data at least
daily and that measure at least hourly consumption
of electricity in the Federal buildings of the agency.
Such data shall be incorporated into existing Federal
energy tracking systems and made available to Fed-
eral facility energy managers.
‘‘(2) GUIDELINES.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of enactment of this sub-
section, the Secretary, in consultation with the
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Department of Defense, the General Services Ad-
ministration and representatives from the meter-
ing industry, utility industry, energy services
industry, energy efficiency industry, national
laboratories, universities and Federal facility en-
ergy managers, shall establish guidelines for
agencies to carry out paragraph (1).
‘‘(B) REQUIREMENTS
FOR
GUIDELINES.—
The guidelines shall—
‘‘(i) take into consideration—
‘‘(I) the cost of metering and sub-
metering and the reduced cost of oper-
ation and maintenance expected to re-
sult from metering and submetering;
‘‘(II) the extent to which metering
and submetering are expected to result
in increased potential for energy man-
agement, increased potential for energy
savings and energy efficiency improve-
ment, and cost and energy savings due
to utility contract aggregation; and
‘‘(III) 
the 
measurement 
and
verification protocols of the Depart-
ment of Energy;
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‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gather
and use the metering information to track
and reduce energy use;
‘‘(iii) establish one or more dates, not
later than 1 year after the date of issuance
of the guidelines, on which the requirements
specified in paragraph (1) shall take effect;
and
‘‘(iv) establish exclusions from the re-
quirements specified in paragraph (1) based
on the de minimus quantity of energy use
of a Federal building, industrial process, or
structure.
‘‘(3) PLAN.—No later than 6 months after
the date guidelines are established under para-
graph (2), in a report submitted by the agency
under section 548(a), each agency shall submit to
the Secretary a plan describing how the agency
will implement the requirements of paragraph
(1), including (A) how the agency will designate
personnel primarily responsible for achieving the
requirements and (B) demonstration by the
agency, complete with documentation, of any
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finding that advanced meters or advanced meter-
ing devices, as defined in paragraph (1), are not
practicable.’’.
SEC. 913. FEDERAL BUILDING PERFORMANCE STANDARDS.
(a) REVISED STANDARDS.—Section 305(a) of the En-
ergy Conservation and Production Act (42 U.S.C. 6834(a))
is amended—
(1) in paragraph (2)(A), by striking ‘‘CABO
Model Energy Code, 1992’’ and inserting ‘‘the 2000
International Energy Conservation Code’’; and
(2) by adding at the end the following:
‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI-
CIENCY PERFORMANCE STANDARDS.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this paragraph, the
Secretary of Energy shall establish, by rule, re-
vised Federal building energy efficiency perform-
ance standards that require that, if cost-
effective—
‘‘(i) new commercial buildings and
multifamily high rise residential buildings
be constructed so as to achieve the applica-
ble Energy Star building energy perform-
ance ratings or energy consumption levels
at least 30 percent below those of the most
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recent ASHRAE Standard 90.1, whichever
results in the greater increase in energy effi-
ciency;
‘‘(ii) new residential buildings (other
than those described in clause (i)) be con-
structed so as to achieve the applicable En-
ergy Star building energy performance rat-
ings or achieve energy consumption levels at
least 30 percent below the requirements of
the most recent version of the International
Energy Conservation Code, whichever re-
sults in the greater increase in energy effi-
ciency; and
‘‘(iii) sustainable design principles are
applied to the siting, design, and construc-
tion of all new and replacement buildings.
‘‘(B) ADDITIONAL
REVISIONS.—Not later
than 1 year after the date of approval of amend-
ments to ASHRAE Standard 90.1 or the 2000
International Energy Conservation Code, the
Secretary of Energy shall determine, based on
the cost-effectiveness of the requirements under
the amendments, whether the revised standards
established under this paragraph should be up-
dated to reflect the amendments.
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‘‘(C) STATEMENT ON COMPLIANCE OF NEW
BUILDINGS.—In the budget request of the Federal
agency for each fiscal year and each report sub-
mitted by the Federal agency under section
548(a) of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8258(a)), the head of each
Federal agency shall include—
‘‘(i) a list of all new Federal buildings
of the Federal agency; and
‘‘(ii) a statement concerning whether
the Federal buildings meet or exceed the re-
vised standards established under this para-
graph, including a monitoring and commis-
sioning report that is in compliance with
the measurement and verification protocols
of the Department of Energy.
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
such sums as are necessary to carry out this
paragraph and to implement the revised stand-
ards established under this paragraph.’’.
(b) ENERGY LABELING PROGRAM.—Section 305(a) of
the Energy Conservation and Production Act (42 U.S.C.
6834(a)) is further amended by adding at the end the fol-
lowing:
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‘‘(e) ENERGY LABELING PROGRAM.—The Secretary of
Energy, in cooperation with the Administrator of the Envi-
ronmental Protection Agency, shall develop an energy label-
ing program for new Federal buildings that exceed the re-
vised standards established under subsection (a)(3) by 15
percent or more.’’.
SEC. 914. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.
(a) REQUIREMENTS.—Part 3 of title V of the National
Energy Conservation Policy Act is amended by adding at
the end the following:
‘‘SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT
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 Conservation
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).
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‘‘(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.
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.—
‘‘(1) REQUIREMENT.—To meet the requirements
of an executive agency for an energy consuming prod-
uct, the head of the executive agency shall, except as
provided in paragraph (2), procure—
‘‘(A) an Energy Star product; or
‘‘(B) a FEMP designated product.
‘‘(2) EXCEPTIONS.—The head of an executive
agency is not required to procure an Energy Star
product or FEMP designated product under para-
graph (1) if—
‘‘(A) an Energy Star product or FEMP des-
ignated product is not cost effective over the life
cycle of the product; or
‘‘(B) no Energy Star product or FEMP des-
ignated product is reasonably available that
meets the requirements of the executive agency.
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‘‘(3) PROCUREMENT PLANNING.—The head of an
executive agency shall incorporate into the specifica-
tions for all procurements involving energy con-
suming products and systems, and into the factors for
the evaluation of offers received for the procurement,
criteria for energy efficiency that are 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 and FEMP designated
products shall be clearly identified and prominently dis-
played in any inventory or listing of products by the Gen-
eral Services Administration or the Defense Logistics Agen-
cy.
(b) CONFORMING AMENDMENT.—The table of contents
in section 1(b) of the National Energy Conservation Policy
Act (42 U.S.C. 8201 note) is amended by inserting after
the item relating to section 551 the following:
‘‘Sec. 552. Federal Government procurement of energy efficient products.’’
(c) REGULATIONS.—Not later than 180 days after the
effective date specified in subsection (f), the Secretary of En-
ergy shall issue guidelines to carry out section 552 of the
National Energy Conservation Policy Act (as added by sub-
section (a)).
(d) DESIGNATION OF ENERGY STAR PRODUCTS.—The
Administrator of the Environmental Protection Agency and
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the Secretary of Energy shall expedite the process of desig-
nating products as Energy Star products (as defined in sec-
tion 552 of the National Energy Conservation Policy Act
(as added by subsection (a)).
(e) DESIGNATION OF ELECTRIC MOTORS.—In the case
of electric motors of 1 to 500 horsepower, agencies shall se-
lect only premium efficient motors that meet a standard
designated by the Secretary. The Secretary shall designate
such a standard within 120 days of the enactment of this
paragraph, after considering the recommendations of asso-
ciated electric motor manufacturers and energy efficiency
groups.
(f) EFFECTIVE DATE.—Subsection (a) and the amend-
ment made by that subsection take effect on the date that
is 180 days after the date of enactment of this Act.
SEC. 915. 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. 916. 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:
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‘‘(2) The term ‘energy savings’ means a reduc-
tion in the cost of energy or water, from a base cost
established through a methodology set forth in the con-
tract, used in an existing federally owned building or
buildings or other federally owned facilities as a re-
sult of—
‘‘(A) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services;
‘‘(B) the increased efficient use of existing
energy sources by cogeneration or heat recovery,
excluding any cogeneration process for other
than a federally owned building or buildings or
other federally owned facilities; or
‘‘(C) the increased efficient use of existing
water sources.’’.
(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 ‘en-
ergy savings performance contract’ mean a contract
which provides for the performance of services for the
design, acquisition, installation, testing, operation,
and, where appropriate, maintenance and repair, of
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an identified energy or water conservation measure or
series of measures at one or more locations.’’.
(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 as 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 water efficiency, is life cycle cost effective,
and involves water conservation, water recycling
or reuse, more efficient treatment of wastewater
or stormwater, improvements in operation or
maintenance efficiencies, retrofit activities or
other related activities, not at a Federal hydro-
electric facility.’’.
SEC. 917. REVIEW OF ENERGY SAVINGS PERFORMANCE
CONTRACT PROGRAM.
Within 180 days after the date of the enactment of this
Act, the Secretary of Energy shall complete a review of the
Energy Savings Performance Contract program to identify
statutory, regulatory, and administrative obstacles that
prevent Federal agencies from fully utilizing the program.
In addition, this review shall identify all areas for increas-
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ing program flexibility and effectiveness, including audit
and measurement verification requirements, accounting for
energy use in determining savings, contracting require-
ments, and energy efficiency services covered. The Secretary
shall report these findings to the Committee on Energy and
Commerce of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate, and
shall implement identified administrative and regulatory
changes to increase program flexibility and effectiveness to
the extent that such changes are consistent with statutory
authority.
SEC. 918. FEDERAL ENERGY BANK.
Part 3 of title V of the National Energy Conservation
Policy Act is amended by adding at the end the following:
‘‘SEC. 553. FEDERAL ENERGY BANK.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BANK.—The term ‘Bank’ means the Federal
Energy Bank established by subsection (b).
‘‘(2) ENERGY OR WATER EFFICIENCY PROJECT.—
The term ‘energy or water efficiency project’ means a
project that assists a Federal agency in meeting or ex-
ceeding the energy or water efficiency requirements
of—
‘‘(A) this part;
‘‘(B) title VIII;
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‘‘(C) subtitle F of title I of the Energy Pol-
icy Act of 1992 (42 U.S.C. 8262 et seq.); or
‘‘(D) any applicable Executive order, in-
cluding Executive Order No. 13123.
‘‘(3) FEDERAL
AGENCY.—The term ‘Federal
agency’ means—
‘‘(A) an Executive agency (as defined in
section 105 of title 5, United States Code);
‘‘(B) the United States Postal Service;
‘‘(C) Congress and any other entity in the
legislative branch; and
‘‘(D) a Federal court and any other entity
in the judicial branch.
‘‘(b) ESTABLISHMENT OF BANK.—
‘‘(1) IN GENERAL.—There is established in the
Treasury of the United States a fund to be known as
the ‘Federal Energy Bank’, consisting of—
‘‘(A) such amounts as are deposited in the
Bank under paragraph (2);
‘‘(B) such amounts as are repaid to the
Bank under subsection (c)(2)(D); and
‘‘(C) any interest earned on investment of
amounts in the Bank under paragraph (3).
‘‘(2) DEPOSITS IN BANK.—
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‘‘(A) IN
GENERAL.—Subject to the avail-
ability of appropriations and to subparagraph
(B), the Secretary of the Treasury shall deposit
in the Bank an amount equal to $250,000,000 in
fiscal year 2003 and in each fiscal year there-
after.
‘‘(B) MAXIMUM AMOUNT IN BANK.—Depos-
its under subparagraph (A) shall cease beginning
with the fiscal year following the fiscal year in
which the amounts in the Bank (including
amounts on loan from the Bank) become equal to
or exceed $1,000,000,000.
‘‘(3) INVESTMENT OF AMOUNTS.—The Secretary
of the Treasury shall invest such portion of the Bank
as is not, in the judgment of the Secretary, required
to meet current withdrawals. Investments may be
made only in interest-bearing obligations of the
United States.
‘‘(c) LOANS FROM THE BANK.—
‘‘(1) IN GENERAL.—The Secretary of the Treas-
ury shall transfer from the Bank to the Secretary
such amounts as are appropriated to carry out the
loan program under paragraph (2).
‘‘(2) LOAN PROGRAM.—
‘‘(A) ESTABLISHMENT.—
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‘‘(i) IN GENERAL.—In accordance with
subsection (d), the Secretary, in consulta-
tion with the Secretary of Defense, the Ad-
ministrator of General Services, and the Di-
rector of the Office of Management and
Budget, shall establish a program to make
loans of amounts in the Bank to any Fed-
eral agency that submits an application
satisfactory to the Secretary in order to pay
the costs of a project described in subpara-
graph (C).
‘‘(ii) 
COMMENCEMENT
OF
OPER-
ATIONS.—The Secretary may begin—
‘‘(I) accepting applications for
loans from the Bank in fiscal year
2002; and
‘‘(II) making loans from the Bank
in fiscal year 2003.
‘‘(B) ENERGY SAVINGS PERFORMANCE CON-
TRACTING FUNDING.—To the extent practicable,
an agency shall not submit a project for which
energy performance contracting funding is avail-
able and is acceptable to the Federal agency
under title VIII.
‘‘(C) PURPOSES OF LOAN.—
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‘‘(i) IN
GENERAL.—A loan from the
Bank may be used to pay—
‘‘(I) the costs of an energy or
water efficiency project, or a renewable
or alternative energy project, for a new
or existing Federal building (including
selection and design of the project);
‘‘(II) the costs of an energy meter-
ing plan and metering equipment in-
stalled pursuant to section 543(e) or
for the purpose of verification of the
energy savings under an energy sav-
ings performance contract under title
VIII; or
‘‘(III) at the time of contracting,
the costs of cofunding of an energy sav-
ings performance contract (including a
utility energy service agreement) in
order to shorten the payback period of
the project that is the subject of the en-
ergy savings performance contract.
‘‘(ii) LIMITATION.—A Federal agency
may use not more than 10 percent of the
amount of a loan under subclause (I) or
(II) of clause (i) to pay the costs of admin-
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istration and proposal development (includ-
ing data collection and energy surveys).
‘‘(iii) RENEWABLE AND ALTERNATIVE
ENERGY PROJECTS.—Not more than 25 per-
cent of the amount on loan from the Bank
at any time may be loaned for renewable
energy and alternative energy projects (as
defined by the Secretary in accordance with
applicable law (including Executive Or-
ders)).
‘‘(D) REPAYMENTS.—
‘‘(i) IN GENERAL.—Subject to clauses
(ii) through (iv), a Federal agency shall
repay to the Bank the principal amount of
a loan plus interest at a rate determined by
the President, in consultation with the Sec-
retary and the Secretary of the Treasury.
‘‘(ii) WAIVER OR REDUCTION OF IN-
TEREST.—The Secretary may waive or re-
duce the rate of interest required to be paid
under clause (i) if the Secretary determines
that payment of interest by a Federal agen-
cy at the rate determined under that clause
is not required to fund the operations of the
Bank.
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‘‘(iii) DETERMINATION
OF
INTEREST
RATE.—The interest rate determined under
clause (i) shall be at a rate that is sufficient
to ensure that, beginning not later than Oc-
tober 1, 2007, interest payments will be suf-
ficient to fully fund the operations of the
Bank.
‘‘(iv) INSUFFICIENCY
OF
APPROPRIA-
TIONS.—
‘‘(I) REQUEST
FOR
APPROPRIA-
TIONS.—As part of the budget request
of the Federal agency for each fiscal
year, the head of each Federal agency
shall submit to the President a request
for such amounts as are necessary to
make such repayments as are expected
to become due in the fiscal year under
this subparagraph.
‘‘(II) SUSPENSION OF REPAYMENT
REQUIREMENT.—If, 
for 
any 
fiscal
year, sufficient appropriations are not
made available to a Federal agency to
make repayments under this subpara-
graph, the Bank shall suspend the re-
quirement of repayment under this
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subparagraph until such appropria-
tions are made available.
‘‘(E) FEDERAL
AGENCY
ENERGY
BUDG-
ETS.—Until a loan is repaid, a Federal agency
budget submitted by the President to Congress
for a fiscal year shall not be reduced by the value
of energy savings accrued as a result of any en-
ergy conservation measure implemented using
amounts from the Bank.
‘‘(F) NO
RESCISSION
OR
REPROGRAM-
MING.—A Federal agency shall not rescind or re-
program loan amounts made available from the
Bank except as permitted under guidelines issued
under subparagraph (G).
‘‘(G) GUIDELINES.—The Secretary shall
issue guidelines for implementation of the loan
program under this paragraph, including selec-
tion criteria, maximum loan amounts, and loan
repayment terms.
‘‘(d) SELECTION CRITERIA.—
‘‘(1) IN GENERAL.—The Secretary shall establish
criteria for the selection of projects to be awarded
loans in accordance with paragraph (2).
‘‘(2) SELECTION CRITERIA.—
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‘‘(A) IN
GENERAL.—The Secretary may
make loans from the Bank only for a project
that—
‘‘(i) is technically feasible;
‘‘(ii) is determined to be cost-effective
using life cycle cost methods established by
the Secretary;
‘‘(iii) includes a measurement and
management component, based on the meas-
urement and verification protocols of the
Department of Energy, to—
‘‘(I) commission energy savings
for new and existing Federal facilities;
‘‘(II) monitor and improve energy
efficiency management at existing Fed-
eral facilities; and
‘‘(III) verify the energy savings
under an energy savings performance
contract under title VIII; and
‘‘(iv)(I) in the case of a renewable en-
ergy or alternative energy project, has a
simple payback period of not more than 15
years; and
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‘‘(II) in the case of any other project,
has a simple payback period of not more
than 10 years.
‘‘(B) PRIORITY.—In selecting projects, the
Secretary shall give priority to projects that—
‘‘(i) are a component of a comprehen-
sive energy management project for a Fed-
eral facility; and
‘‘(ii) are designed to significantly re-
duce the energy use of the Federal facility.
‘‘(e) REPORTS AND AUDITS.—
‘‘(1) REPORTS TO THE SECRETARY.—Not later
than 1 year after the completion of installation of a
project that has a cost of more than $1,000,000, and
annually thereafter, a Federal agency shall submit to
the Secretary a report that—
‘‘(A) states whether the project meets or fails
to meet the energy savings projections for the
project; and
‘‘(B) for each project that fails to meet the
energy savings projections, states the reasons for
the failure and describes proposed remedies.
‘‘(2) AUDITS.—The Secretary may audit, or re-
quire a Federal agency that receives a loan from the
Bank to audit, any project financed with amounts
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from the Bank to assess the performance of the
project.
‘‘(3) REPORTS
TO
CONGRESS.—At the end of
each fiscal year, the Secretary shall submit to Con-
gress a report on the operations of the Bank, includ-
ing a statement of—
‘‘(A) the total receipts by the Bank;
‘‘(B) the total amount of loans from
the Bank to each Federal agency; and
‘‘(C) the estimated cost and energy sav-
ings resulting from projects funded with
loans from the Bank.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.’’.
SEC. 919. ENERGY AND WATER SAVING MEASURES IN CON-
GRESSIONAL BUILDINGS.
(a) IN GENERAL.—Part 3 of title V of the National
Energy Conservation Policy Act is amended by adding at
the end:
‘‘SEC. 554. ENERGY AND WATER SAVINGS MEASURES IN
CONGRESSIONAL BUILDINGS.
‘‘(a) IN GENERAL.—The Architect of the Capitol—
‘‘(1) shall develop, update, and implement a cost-
effective energy conservation and management plan
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(referred to in this section as the ‘‘plan’’) for all fa-
cilities administered by the Congress (referred to in
this section as ‘congressional buildings’) to meet the
energy performance requirements for Federal build-
ings established under section 543(a)(1); and
‘‘(2) shall submit the plan to Congress, not later
than 180 days after the date of enactment of this sec-
tion.
‘‘(b) PLAN REQUIREMENTS.—The plan shall include—
‘‘(1) a description of the life-cycle cost analysis
used to determine the cost-effectiveness of proposed en-
ergy efficiency projects;
‘‘(2) a schedule of energy surveys to ensure com-
plete surveys of all congressional buildings every 5
years to determine the cost and payback period of en-
ergy and water conservation measures;
‘‘(3) a strategy for installation of life cycle cost
effective energy and water conservation measures;
‘‘(4) the results of a study of the costs and bene-
fits of installation of submetering in congressional
buildings; and
‘‘(5) information packages and ‘how-to’ guides
for each Member and employing authority of Congress
that detail simple, cost-effective methods to save en-
ergy and taxpayer dollars in the workplace.
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‘‘(c) CONTRACTING AUTHORITY.—The Architect—
‘‘(1) may contract with nongovernmental entities
and use private sector capital to finance energy con-
servation projects and meet energy performance re-
quirements; and
‘‘(2) may use innovative contracting methods
that will attract private sector funding for the instal-
lation of energy efficient and renewable energy tech-
nology, such as energy savings performance contracts
described in title VIII.
‘‘(d) CAPITOL VISITOR CENTER.—The Architect—
‘‘(1) shall ensure that state-of-the-art energy effi-
ciency and renewable energy technologies are used in
the construction and design of the Visitor Center; and
‘‘(2) shall include in the Visitor Center an ex-
hibit on the energy efficiency and renewable energy
measures used in congressional buildings.
‘‘(e) ANNUAL REPORT.—The Architect shall submit to
Congress annually a report on congressional energy man-
agement and conservation programs required under this
section that describes in detail—
‘‘(1) energy expenditures and savings estimates
for each facility;
‘‘(2) energy management and conservation
projects; and
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‘‘(3) future priorities to ensure compliance with
this section.’’.
(b) REPEAL.—Section 310 of the Legislative Branch
Appropriations Act, 1999 (40 U.S.C. 166i), is repealed.
SEC. 920. INCREASED USE OF RECOVERED MATERIAL IN
FEDERALLY FUNDED PROJECTS INVOLVING
PROCUREMENT OF CEMENT OR CONCRETE.
(a) DEFINITIONS.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) AGENCY
HEAD.—The term ‘‘agency head’’
means—
(A) the Secretary of Transportation; and
(B) the head of each other Federal agency
that on a regular basis procures, or provides
Federal funds to pay or assist in paying the cost
of procuring, material for cement or concrete
projects.
(3) CEMENT OR CONCRETE PROJECT.—The term
‘‘cement or concrete project’’ means a project for the
construction or maintenance of a highway or other
transportation facility or a Federal, State, or local
government building or other public facility that—
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(A) involves the procurement of cement or
concrete; and
(B) is carried out in whole or in part using
Federal funds.
(4) RECOVERED MATERIAL.—The term ‘‘recov-
ered material’’ means—
(A) ground granulated blast furnace slag;
(B) coal combustion fly ash; and
(C) any other waste material or byproduct
recovered or diverted from solid waste that the
Administrator, in consultation with an agency
head, determines should be treated as recovered
material under this section for use in cement or
concrete projects paid for, in whole or in part,
by the agency head.
(b) IMPLEMENTATION OF REQUIREMENTS.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Administrator
and each agency head shall take such actions as are
necessary to implement fully all procurement require-
ments and incentives in effect as of the date of enact-
ment of this Act (including guidelines under section
6002 of the Solid Waste Disposal Act (42 U.S.C.
6963)) that provide for the use of cement and concrete
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incorporating recovered material in cement or con-
crete projects.
(2) PRIORITY.—In carrying out paragraph (1)
an agency head shall give priority to achieving great-
er use of recovered material in cement or concrete
projects for which recovered materials historically
have not been used or have been used only minimally.
(c) FULL IMPLEMENTATION STUDY.—
(1) IN GENERAL.—The Administrator and the
Secretary of Transportation, in cooperation with the
Secretary of Energy, shall conduct a study to deter-
mine the extent to which current procurement require-
ments, when fully implemented in accordance with
subsection (b), may realize energy savings and green-
house gas emission reduction benefits attainable with
substitution of recovered material in cement used in
cement or concrete projects.
(2) MATTERS
TO
BE
ADDRESSED.—The study
shall—
(A) quantify the extent to which recovered
materials are being substituted for Portland ce-
ment, particularly as a result of current procure-
ment requirements, and the energy savings and
greenhouse gas emission reduction benefits asso-
ciated with that substitution;
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(B) identify all barriers in procurement re-
quirements to fuller realization of energy savings
and greenhouse gas emission reduction benefits,
including barriers resulting from exceptions from
current law; and
(C)(i) identify potential mechanisms to
achieve greater substitution of recovered material
in types of cement or concrete projects for which
recovered materials historically have not been
used or have been used only minimally;
(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substi-
tution rates of recovered material in those ce-
ment or concrete projects; and
(iii) identify any potential environmental
or economic effects that may result from greater
substitution of recovered material in those ce-
ment or concrete projects.
(3) REPORT.—Not later than 30 months after the
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Appropriations and Com-
mittee on Environment and Public Works of the Sen-
ate and the Committee on Appropriations and Com-
mittee on Energy and Commerce of the House of Rep-
resentatives a report on the study.
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(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—
Within 1 year of the release of the report in accordance with
subsection (c)(3), the Administrator and each agency head
shall take additional actions authorized under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) to establish
procurement requirements and incentives that provide for
the use of cement and concrete with increased substitution
of recovered material in the construction and maintenance
of cement or concrete projects, so as to—
(1) realize more fully the energy savings and
greenhouse gas emission reduction benefits associated
with increased substitution; and
(2) eliminate barriers identified under subsection
(c).
(e) EFFECT OF SECTION.—Nothing in this section af-
fects the requirements of section 6002 of the Solid Waste
Disposal Act (42 U.S.C. 6962) (including the guidelines
and specifications for implementing those requirements).
Subtitle C—Industrial Efficiency
and Consumer Products
SEC. 921. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY.
(a) VOLUNTARY AGREEMENTS.—The Secretary of En-
ergy shall enter into voluntary agreements with one or more
persons in industrial sectors that consume significant
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amounts of primary energy per unit of physical output to
reduce the energy intensity of their production activities.
(b) GOAL.—Voluntary agreements under this section
shall have a goal of reducing energy intensity by not less
than 2.5 percent each year from 2002 through 2012.
(c) RECOGNITION.—The Secretary of Energy, in co-
operation with the Administrator of the Environmental
Protection Agency and other appropriate Federal agencies,
shall develop mechanisms to recognize and publicize the
achievements of participants in voluntary agreements
under this section.
(d) DEFINITION.—In this section, the term ‘‘energy in-
tensity’’ means the primary energy consumed per unit of
physical output in an industrial process.
(e) TECHNICAL ASSISTANCE.—An entity that enters
into an agreement under this section and continues to make
a good faith effort to achieve the energy efficiency goals
specified in the agreement shall be eligible to receive from
the Secretary a grant or technical assistance as appropriate
to assist in the achievement of those goals.
(f) REPORT.—Not later than June 30, 2008 and June
30, 2012, the Secretary shall submit to Congress a report
that evaluates the success of the voluntary agreements, with
independent verification of a sample of the energy savings
estimates provided by participating firms.
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SEC. 922. AUTHORITY TO SET STANDARDS FOR COMMER-
CIAL PRODUCTS.
Part B of title III of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6291 et seq.) is amended as follows:
(1) In the heading for such part, by inserting
‘‘AND COMMERCIAL’’ after ‘‘CONSUMER’’.
(2) In section 321(2), by inserting ‘‘or commer-
cial’’ after ‘‘consumer’’.
(3) In paragraphs (4), (5), and (15) of section
321, by striking ‘‘consumer’’ each place it appears
and inserting ‘‘covered’’.
(4) In section 322(a), by inserting ‘‘or commer-
cial’’ after ‘‘consumer’’ the first place it appears in
the material preceding paragraph (1).
(5) In section 322(b), by inserting ‘‘or commer-
cial’’ after ‘‘consumer’’ each place it appears.
(6) In section 322 (b)(1)(B) and (b)(2)(A), by
inserting ‘‘or per-business in the case of a commercial
product’’ after ‘‘per-household’’ each place it appears.
(7) In section 322 (b)(2)(A), by inserting ‘‘or
businesses in the case of commercial products’’ after
‘‘households’’ each place it appears.
(8) In section 322 (B)(2)(C)—
(A) by striking ‘‘term’’ and inserting
‘‘terms’’; and
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(B) by inserting ‘‘and ‘business’ ’’ after
‘‘ ‘household’ ’’.
(9) In section 323 (b)(1) (B) by inserting ‘‘or
commercial’’ after ‘‘consumer’’.
SEC. 923. ADDITIONAL DEFINITIONS.
Section 321 of the Energy Policy and Conservation Act
(42 U.S.C. 6291) is amended by adding at the end the fol-
lowing:
‘‘(32) The term ‘battery charger’ means a device
that charges batteries for consumer products.
‘‘(33) The term ‘commercial refrigerator, freezer
and refrigerator-freezer’ means a refrigerator, freezer
or refrigerator-freezer that—
‘‘(A) is not a consumer product regulated
under this Act; and
‘‘(B) incorporates most components involved
in the vapor-compression cycle and the refrig-
erated compartment in a single package.
‘‘(34) The term ‘external power supply’ means
an external power supply circuit that is used to con-
vert household electric current into either DC current
or lower-voltage AC current to operate a consumer
product.
‘‘(35) The term ‘illuminated exit sign’ means a
sign that—
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‘‘(A) is designed to be permanently fixed in
place to identify an exit; and
‘‘(B) consists of—
‘‘(i) an electrically powered integral
light source that illuminates the legend
‘EXIT’ and any directional indicators; and
‘‘(ii) provides contrast between the leg-
end, any directional indicators, and the
background.
‘‘(36)(A) Except as provided in subsection (B),
the term ‘low-voltage dry-type transformer’ means a
transformer that—
‘‘(i) has an input voltage of 600 volts or
less;
‘‘(ii) is air-cooled;
‘‘(iii) does not use oil as a coolant; and
‘‘(iv) is rated for operation at a frequency
of 60 Hertz.
‘‘(B) The term ‘low-voltage dry-type transformer’
does not include—
‘‘(i) transformers with multiple voltage
taps, with the highest voltage tap equaling at
least 20 percent more than the lowest voltage tap;
‘‘(ii) transformers that are designed to be
used in a special purpose application, such as
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transformers commonly known as drive trans-
formers, rectifier transformers, autotransformers,
Uninterruptible Power System transformers, im-
pedance transformers, harmonic transformers,
regulating transformers, sealed and nonven-
tilating transformers, machine tool transformers,
welding transformers, grounding transformers, or
testing transformers; or
‘‘(iii) any transformer not listed in clause
(ii) that is excluded by the Secretary by rule be-
cause the transformer is designed for a special
application and the application of standards to
the transformer would not result in significant
energy savings.
‘‘(37) The term ‘standby mode’ means the lowest
amount of electric power used by a household appli-
ance when not performing its active functions, as de-
fined on an individual product basis by the Sec-
retary.
‘‘(38) The term ‘torchiere’ means a portable elec-
tric lamp with a reflector bowl that directs light up-
ward so as to give indirect illumination.
‘‘(39) The term ‘transformer’ means a device
consisting of two or more coils of insulated wire that
transfers alternating current by electromagnetic in-
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duction from one coil to another to change the origi-
nal voltage or current value.
‘‘(40) The term ‘unit heater’ means a self-con-
tained fan-type heater designed to be installed within
the heated space, except that such term does not in-
clude a warm air furnace.
‘‘(41) The term ‘traffic signal module’ means a
standard 8-inch (200mm) or 12-inch (300mm) traffic
signal indication, consisting of a light source, a lens,
and all other parts necessary for operation, that com-
municates movement messages to drivers through red,
amber, and green colors.’’.
SEC. 924. ADDITIONAL TEST PROCEDURES.
(a) EXIT SIGNS.—Section 323(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6293) is amended by add-
ing at the end the following:
‘‘(9) Test procedures for illuminated exit signs
shall be based on the test method used under the En-
ergy Star program of the Environmental Protection
Agency for illuminated exit signs, as in effect on the
date of enactment of this paragraph.
‘‘(10) Test procedures for low voltage dry-type
distribution transformers shall be based on the
‘Standard Test Method for Measuring the Energy
Consumption of Distribution Transformers’ pre-
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scribed by the National Electrical Manufacturers As-
sociation (NEMA TP 2–1998). The Secretary may re-
view and revise this test procedure based on future re-
visions to such standard test method.
‘‘(11) Test procedures for traffic signal modules
shall be based on the test method used under the En-
ergy Star program of the Environmental Protection
Agency for traffic signal modules, as in effect on the
date of enactment of this paragraph.’’.
(b) ADDITIONAL CONSUMER AND COMMERCIAL PROD-
UCTS.—Section 323 of the Energy Policy and Conservation
Act (42 U.S.C. 6293) is further amended by adding at the
end the following:
‘‘(f) ADDITIONAL CONSUMER AND COMMERCIAL PROD-
UCTS.—The Secretary shall within 24 months after the date
of enactment of this subsection prescribe testing require-
ments for suspended ceiling fans, refrigerated bottled or
canned beverage vending machines, commercial unit heat-
ers, and commercial refrigerators, freezers and refrigerator-
freezers. Such testing requirements shall be based on exist-
ing test procedures used in industry to the extent practical
and reasonable. In the case of suspended ceiling fans, such
test procedures shall include efficiency at both maximum
output and at an output no more than 50 percent of the
maximum output.’’.
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SEC. 925. ENERGY LABELING.
(a) RULEMAKING ON EFFECTIVENESS OF CONSUMER
PRODUCT LABELING.—Paragraph (2) of section 324(a) of
the Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)) is amended by adding at the end the following:
‘‘(F) Not later than 3 months after the date
of enactment of this subparagraph, the Commis-
sion shall initiate a rulemaking to consider the
effectiveness of the current consumer products la-
beling program in assisting consumers in mak-
ing purchasing decisions and improving energy
efficiency and to consider changes to the labeling
rules that would improve the effectiveness of con-
sumer product labels. Such rulemaking shall be
completed within 15 months of the date of enact-
ment of this subparagraph.’’.
(b) RULEMAKING
ON LABELING
FOR ADDITIONAL
PRODUCTS.—Section 324(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)) is further amended by
adding at the end the following:
‘‘(5) The Secretary shall within 6 months after
the date on which energy conservation standards are
prescribed by the Secretary for covered products re-
ferred to in subsections (u) and (v) of section 325,
and within 18 months of enactment of this paragraph
for products referred to in subsections (w) through (y)
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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 2002’’.
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—
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(i) the science of climate change and
its impacts;
(ii) energy and environmental econom-
ics;
(iii) technology transfer and diffusion;
(iv) the social dimensions of climate
change;
(v) climate change adaptation strate-
gies;
(vi) fossil, nuclear, and renewable en-
ergy technology;
(vii) energy efficiency and energy con-
servation;
(viii) energy systems integration;
(ix) engineered and terrestrial carbon
sequestration;
(x) transportation, industrial, and
building sector concerns;
(xi) 
regulatory 
and 
market-based
mechanisms for addressing climate change;
(xii) risk and decision analysis;
(xiii) strategic planning; and
(xiv) the international implications of
climate change strategies.
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(12) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
(13) STABILIZATION OF GREENHOUSE GAS CON-
CENTRATIONS.—The term ‘‘stabilization of greenhouse
gas concentrations’’ means the stabilization of green-
house gas concentrations in the atmosphere at a level
that would prevent dangerous anthropogenic inter-
ference with the climate system, recognizing that such
a level should be achieved within a time frame suffi-
cient to allow ecosystems to adapt naturally to cli-
mate change, to ensure that food production is not
threatened and to enable economic development to
proceed in a sustainable manner, as contemplated by
the United Nations Framework Convention on Cli-
mate Change, done at New York on May 9, 1992.
(14) STRATEGY.—The term ‘‘Strategy’’ means
the National Climate Change Strategy developed
under section 1013.
(15) WHITE HOUSE OFFICE.—The term ‘‘White
House Office’’ means the Office of National Climate
Change Policy established by section 1014(a).
SEC. 1013. NATIONAL CLIMATE CHANGE STRATEGY.
(a) IN GENERAL.—The President, through the director
of the White House Office and in consultation with the
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Interagency Task Force, shall develop a National Climate
Change Strategy, which shall—
(1) have the long-term goal of stabilization of
greenhouse gas concentrations through actions taken
by the United States and other nations;
(2) recognize that accomplishing the long-term
goal of the Strategy will take from many decades to
more than a century, but acknowledging that signifi-
cant actions must begin in the near term;
(3) incorporate the four key elements;
(4) be developed on the basis of an examination
of a broad range of emissions levels and dates for
achievement of those levels (including those evaluated
by the Intergovernmental Panel on Climate Change
and those consistent with United States treaty com-
mitments) that, after taking into account actions by
other nations, would achieve the long-term goal of the
Strategy;
(5) consider the broad range of activities and ac-
tions that can be taken by United States entities to
reduce, avoid, or sequester greenhouse gas emissions
both within the United States and in other nations
through the use of market mechanisms, which may in-
clude, but not be limited to, mitigation activities, ter-
restrial sequestration, earning offsets through carbon
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capture or project-based activities, trading of emis-
sions credits in domestic and international markets,
and the application of the resulting credits from any
of the above within the United States;
(6) minimize any adverse short-term and long-
term social, economic, national security, and environ-
mental impacts, including ensuring that the strategy
is developed in an economically and environmentally
sound manner;
(7) incorporate mitigation approaches leading to
the development and deployment of advanced tech-
nologies and practices that will reduce, avoid, or se-
quester greenhouse gas emissions;
(8) be consistent with the goals of energy, trans-
portation, industrial, agricultural, forestry, environ-
mental, economic, and other relevant policies of the
United States;
(9) take into account—
(A) the diversity of energy sources and tech-
nologies;
(B) supply-side and demand-side solutions;
and
(C) national infrastructure, energy distribu-
tion, and transportation systems;
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(10) be based on an evaluation of a wide range
of approaches for achieving the long-term goal of the
Strategy, including evaluation of—
(A) a variety of cost-effective Federal and
State policies, programs, standards, and incen-
tives;
(B) policies that integrate and promote in-
novative, market-based solutions in the United
States and in foreign countries; and
(C) participation in other international in-
stitutions, or in the support of international ac-
tivities, that are established or conducted to
achieve the long-term goal of the Strategy;
(11) in the final recommendations of the
Strategy—
(A) emphasize policies and actions that
achieve the long-term goal of the Strategy; and
(B) 
provide 
specific 
recommendations
concerning—
(i) measures determined to be appro-
priate for short-term implementation, giv-
ing preference to cost-effective and techno-
logically feasible measures that will—
(I) produce measurable net reduc-
tions in United States emissions, com-
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pared to expected trends, that lead to-
ward achievement of the long-term goal
of the Strategy; and
(II) minimize any adverse short-
term and long-term economic, environ-
mental, national security, and social
impacts on the United States;
(ii) the development of technologies
that have the potential for long-term
implementation—
(I) giving preference to tech-
nologies that have the potential to re-
duce significantly the overall cost of
achieving the long-term goal of the
Strategy; and
(II) considering a full range of
energy sources, energy conversion and
use technologies, and efficiency options;
(iii) such changes in institutional and
technology systems are necessary to adapt to
climate change in the short-term and the
long-term;
(iv) such review, modification, and en-
hancement of the scientific, technical, and
economic research efforts of the United
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States, and improvements to the data re-
sulting from research, as are appropriate to
improve the accuracy of predictions con-
cerning climate change and the economic
and social costs and opportunities relating
to climate change; and
(v) changes that should be made to
project and grant evaluation criteria under
other Federal research and development pro-
grams so that those criteria do not inhibit
development of climate-friendly technologies;
(12) recognize that the Strategy is intended to
guide the Nation’s effort to address climate change,
but it shall not create a legal obligation on the part
of any person or entity other than the duties of the
Director of the White House Office and Interagency
Task Force in the development of the Strategy;
(13) have a scope that considers the totality of
United States public, private, and public-private sec-
tor actions that bear on the long-term goal;
(14) be developed in a manner that provides for
meaningful 
participation 
by, 
and 
consultation
among, Federal, State, tribal, and local government
agencies, nongovernmental organizations, academia,
scientific bodies, industry, the public, and other inter-
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ested 
parties 
in 
accordance 
with 
subsections
(b)(3)(C)(iv)(II) and (e)(3)(B)(ii) of section 1014;
(15) address how the United States should en-
gage State, tribal, and local governments in devel-
oping and carrying out a response to climate change;
(16) promote, to the maximum extent prac-
ticable, public awareness, outreach, and information-
sharing to further the understanding of the full range
of climate change-related issues;
(17) provide a detailed explanation of how the
measures recommended by the Strategy will ensure
that they do not result in serious harm to the econ-
omy of the United States;
(18) provide a detailed explanation of how the
measures recommended by the Strategy will achieve
its long-term goal;
(19) include any recommendations for legislative
and administrative actions necessary to implement
the Strategy;
(20) serve as a framework for climate change ac-
tions by all Federal agencies;
(21) recommend which Federal agencies are, or
should be, responsible for the various aspects of imple-
mentation of the Strategy and any budgetary impli-
cations;
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(22) address how the United States should en-
gage foreign governments in developing an inter-
national response to climate change; and
(23) incorporate initiatives to open markets and
promote the deployment of a range of climate-friendly
technologies developed in the United States and
abroad.
(b) SUBMISSION TO CONGRESS.—Not later than 1 year
after the date of enactment of this section, the President,
through the Interagency Task Force and the Director, shall
submit to Congress the Strategy, in the form of a report
that includes—
(1) a description of the Strategy and its goals,
including how the Strategy addresses each of the 4
key elements;
(2) an inventory and evaluation of Federal pro-
grams and activities intended to carry out the Strat-
egy;
(3) a description of how the Strategy will serve
as a framework of climate change response actions by
all Federal agencies, including a description of co-
ordination mechanisms and interagency activities;
(4) evidence that the Strategy is consistent with
other energy, transportation, industrial, agricultural,
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SEC. 1402. AVAILABILITY OF FUNDS.
Funds authorized to be appropriated to the Depart-
ment of Energy under title XII, title XIII, and title XV
shall remain available until expended.
SEC. 1403. COST SHARING.
(a) RESEARCH
AND DEVELOPMENT.—For research
and development projects funded from appropriations au-
thorized under subtitles A through D of title XII, the Sec-
retary shall require a commitment from non-Federal
sources of at least 20 percent of the cost of the project. The
Secretary may reduce or eliminate the non-Federal require-
ment under this subsection if the Secretary determines that
the research and development is of a basic or fundamental
nature.
(b) DEMONSTRATION AND DEPLOYMENT.—For dem-
onstration and technology deployment activities funded
from appropriations authorized under subtitles A through
D of title XII, the Secretary shall require a commitment
from non-Federal sources of at least 50 percent of the costs
of the project directly and specifically related to any dem-
onstration or technology deployment activity. The Secretary
may reduce or eliminate the non-Federal requirement under
this subsection if the Secretary determines that the reduc-
tion is necessary and appropriate considering the techno-
logical risks involved in the project and is necessary to meet
one or more goals of this title.