Sec. 772. Revised considerations for decisions on maximum feasible average 
fuel economy. 
Sec. 773. Extension of maximum fuel economy increase for alternative fueled 
vehicles. 
Sec. 774. Study of feasibility and effects of reducing use of fuel for auto-
mobiles. 
TITLE VIII—HYDROGEN 
Sec. 801. Definitions. 
Sec. 802. Plan. 
Sec. 803. Programs. 
Sec. 804. Interagency task force. 
Sec. 805. Advisory Committee. 
Sec. 806. External review. 
Sec. 807. Miscellaneous provisions. 
Sec. 808. Savings clause. 
Sec. 809. Authorization of appropriations. 
TITLE IX—RESEARCH AND DEVELOPMENT 
Sec. 901. Goals. 
Sec. 902. Definitions. 
Subtitle A—Energy Efficiency 
Sec. 904. Energy efficiency. 
Sec. 905. Next generation lighting initiative. 
Sec. 906. National building performance initiative. 
Sec. 907. Secondary electric vehicle battery use program. 
Sec. 908. Energy efficiency science initiative. 
Sec. 909. Electric motor control technology. 
Sec. 910. Advanced energy technology transfer centers. 
Subtitle B—Distributed Energy and Electric Energy Systems 
Sec. 911. Distributed energy and electric energy systems. 
Sec. 912. Hybrid distributed power systems. 
Sec. 913. High power density industry program. 
Sec. 914. Micro-cogeneration energy technology. 
Sec. 915. Distributed energy technology demonstration program. 
Sec. 916. Reciprocating power. 
Subtitle C—Renewable energy 
Sec. 918. Renewable energy. 
Sec. 919. Bioenergy programs. 
Sec. 920. Concentrating solar power research and development Program. 
Sec. 921. Miscellaneous projects. 
Sec. 922. Renewable energy in public buildings. 
Sec. 923. Study of marine renewable energy options. 
Subtitle D—Nuclear energy 
Sec. 924. Nuclear energy. 
Sec. 925. Nuclear energy research and development programs. 
Sec. 926. Advanced fuel cycle Initiative. 
Sec. 927. University nuclear science and engineering support.
Sec. 928. Security of reactor designs. 
Sec. 929. Alternatives to industrial radioactive sources. 
Sec. 930. Geological isolation of spent fuel. 
Subtitle E—Fossil energy 
PART I—RESEARCH PROGRAMS 
Sec. 931. Fossil energy. 
Sec. 932. Oil and gas research programs. 
Sec. 933. Technology transfer. 
Sec. 934. Research and development for coal mining technologies. 
Sec. 935. Coal and related technologies Program. 
Sec. 936. Complex Well Technology Testing Facility. 
Sec. 937. Fischer-Tropsch diesel fuel loan guarantee Program. 
PART II—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND 
OTHER PETROLEUM RESOURCES 
Sec. 941. Program authority. 
Sec. 942. Ultra-deepwater Program. 
Sec. 943. Unconventional natural gas and other petroleum resources Program. 
Sec. 944. Additional requirements for awards. 
Sec. 945. Advisory committees. 
Sec. 946. Limits on participation. 
Sec. 947. Sunset. 
Sec. 948. Definitions. 
Sec. 949. Funding. 
Subtitle F—Science 
Sec. 951. Science. 
Sec. 952. United States participation in ITER. 
Sec. 953. Plan for Fusion Energy Sciences Program. 
Sec. 954. Spallation Neutron Source. 
Sec. 955. Support for science and energy facilities and infrastructure. 
Sec. 956. Catalysis Research and development Program. 
Sec. 957. Nanoscale Science and Engineering Research, development, dem-
onstration, and commercial application. 
Sec. 958. Advanced scientific computing for energy missions. 
Sec. 959. Genomes to Life Program. 
Sec. 960. Fission and fusion energy materials research Program. 
Sec. 961. Energy-Water Supply Program. 
Sec. 962. Nitrogen fixation. 
Subtitle G—Energy and environment 
Sec. 964. United States-Mexico energy Technology cooperation. 
Sec. 965. Western Hemisphere energy cooperation. 
Sec. 966. Waste reduction and use of alternatives. 
Sec. 967. Report on fuel cell test Center. 
Sec. 968. Arctic Engineering Research Center. 
Sec. 969. Barrow Geophysical Research Facility. 
Sec. 970. Western Michigan demonstration project. 
Subtitle H—Management 
Sec. 971. Availability of funds.
Sec. 972. Cost sharing. 
Sec. 973. Merit review of proposals. 
Sec. 974. External technical review of departmental programs. 
Sec. 975. Improved coordination of Technology transfer activities. 
Sec. 976. Federal laboratory educational partners. 
Sec. 977. Interagency cooperation. 
Sec. 978. Technology Infrastructure Program. 
Sec. 979. Reprogramming. 
Sec. 980. Construction with other laws. 
Sec. 981. Report on research and development Program evaluation methodolo-
gies. 
Sec. 982. Department of Energy Science and Technology Scholarship Program. 
Sec. 983. Report on equal employment opportunity practices. 
Sec. 984. Small business advocacy and assistance. 
Sec. 985. Report on mobility of scientific and technical personnel. 
Sec. 986. National Academy of Sciences report. 
Sec. 987. Outreach. 
Sec. 988. Competitive award of management contracts. 
Sec. 989. Educational programs in science and mathematics. 
TITLE X—DEPARTMENT OF ENERGY MANAGEMENT 
Sec. 1001. Additional Assistant Secretary position. 
Sec. 1002. Other transactions authority. 
TITLE XI—PERSONNEL AND TRAINING 
Sec. 1101. Training guidelines for electric energy industry personnel. 
Sec. 1102. Improved access to energy-related scientific and technical careers. 
Sec. 1103. National Power Plant Operations Technology and Education Center. 
Sec. 1104. International energy training. 
TITLE XII—ELECTRICITY 
Sec. 1201. Short title. 
Subtitle A—Reliability standards 
Sec. 1211. Electric reliability standards. 
Subtitle B—Transmission infrastructure modernization 
Sec. 1221. Siting of interstate electric transmission facilities. 
Sec. 1222. Third-party finance. 
Sec. 1223. Transmission system monitoring. 
Sec. 1224. Advanced transmission technologies. 
Sec. 1225. Electric transmission and distribution programs. 
Sec. 1226. Advanced Power System Technology Incentive Program. 
Sec. 1227. Office of Electric Transmission and Distribution. 
Subtitle C—Transmission operation improvements 
Sec. 1231. Open nondiscriminatory access. 
Sec. 1232. Sense of Congress on Regional Transmission Organizations. 
Sec. 1233. Regional Transmission Organization applications progress report. 
Sec. 1234. Federal utility participation in Regional Transmission Organiza-
tions. 
Sec. 1235. Standard market design.
Sec. 1236. Native load service obligation. 
Sec. 1237. Study on the benefits of economic dispatch. 
Subtitle D—Transmission rate reform 
Sec. 1241. Transmission infrastructure investment. 
Sec. 1242. Voluntary transmission pricing plans. 
Subtitle E—Amendments to PURPA 
Sec. 1251. Net metering and additional standards. 
Sec. 1252. Smart metering. 
Sec. 1253. Cogeneration and small power production purchase and sale require-
ments. 
Subtitle F—Repeal of PUHCA 
Sec. 1261. Short title. 
Sec. 1262. Definitions. 
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935. 
Sec. 1264. Federal access to books and records. 
Sec. 1265. State access to books and records. 
Sec. 1266. Exemption authority. 
Sec. 1267. Affiliate transactions. 
Sec. 1268. Applicability. 
Sec. 1269. Effect on other regulations. 
Sec. 1270. Enforcement. 
Sec. 1271. Savings provisions. 
Sec. 1272. Implementation. 
Sec. 1273. Transfer of resources. 
Sec. 1274. Effective date. 
Sec. 1275. Service allocation. 
Sec. 1276. Authorization of appropriations. 
Sec. 1277. Conforming amendments to the Federal Power Act. 
Subtitle G—Market transparency, enforcement, and consumer protection 
Sec. 1281. Market transparency rules. 
Sec. 1282. Market manipulation. 
Sec. 1283. Enforcement. 
Sec. 1284. Refund effective date. 
Sec. 1285. Refund authority. 
Sec. 1286. Sanctity of contract. 
Sec. 1287. Consumer privacy and unfair trade practices. 
Subtitle H—Merger reform 
Sec. 1291. Merger review reform and accountability. 
Sec. 1292. Electric utility mergers. 
Subtitle I—Definitions 
Sec. 1295. Definitions. 
Subtitle J—Technical and conforming amendments 
Sec. 1297. Conforming amendments. 
TITLE XIII—ENERGY TAX INCENTIVES
Sec. 1300. Short title; amendment of 1986 Code. 
Subtitle A—Conservation 
PART I—RESIDENTIAL AND BUSINESS PROPERTY 
Sec. 1301. Credit for residential energy efficient property. 
Sec. 1302. Extension and expansion of credit for electricity produced from cer-
tain renewable resources. 
Sec. 1303. Credit for business installation of qualified fuel cells. 
Sec. 1304. Credit for energy efficiency improvements to existing homes. 
Sec. 1305. Credit for construction of new energy efficient homes. 
Sec. 1306. Energy credit for combined heat and power system property. 
Sec. 1307. Credit for energy efficient appliances. 
Sec. 1308. Energy efficient commercial buildings deduction. 
Sec. 1309. Three-year applicable recovery period for depreciation of qualified 
energy management devices. 
Sec. 1310. Credit for production from advanced nuclear power facilities. 
PART II—FUELS AND ALTERNATIVE MOTOR VEHICLES 
Sec. 1311. Repeal of 4.3-cent motor fuel excise taxes on railroads and inland 
waterway transportation which remain in general Fund. 
Sec. 1312. Reduced motor fuel excise tax on certain mixtures of diesel fuel. 
Sec. 1313. Small ethanol producer credit. 
Sec. 1314. Incentives for biodiesel. 
Sec. 1315. Alcohol fuel and biodiesel mixtures excise tax credit. 
Sec. 1316. Nonapplication of export exemption to delivery of fuel to motor vehi-
cles removed from United States. 
Sec. 1317. Repeal of phaseouts for qualified electric vehicle credit and deduc-
tion for clean fuel-vehicles. 
Sec. 1318. Alternative motor vehicle credit. 
Sec. 1319. Modifications of deduction for certain refueling property. 
Subtitle B—Reliability 
Sec. 1321. Natural gas gathering lines treated as 7–YEAR property. 
Sec. 1322. Natural gas distribution lines treated as 15-year property. 
Sec. 1323. Electric transmission property treated as 15-year property. 
Sec. 1324. Expensing of capital costs incurred in complying with Environ-
mental Protection Agency sulfur regulations. 
Sec. 1325. Credit for production of low sulfur diesel fuel. 
Sec. 1326. Determination of small refiner exception to oil depletion deduction. 
Sec. 1327. Sales or dispositions to implement Federal Energy Regulatory Com-
mission or State electric restructuring policy. 
Sec. 1328. Modifications to special rules for nuclear decommissioning costs. 
Sec. 1329. Treatment of certain income of cooperatives. 
Sec. 1330. Arbitrage rules not to apply to prepayments for natural gas. 
Subtitle C—Production 
PART I—OIL AND GAS PROVISIONS 
Sec. 1341. Oil and gas from marginal wells. 
Sec. 1342. Temporary suspension of limitation based on 65 percent of taxable 
income and extension of suspension of taxable income limit 
with respect to marginal production.
Sec. 1343. Amortization of delay rental payments. 
Sec. 1344. Amortization of geological and geophysical expenditures. 
Sec. 1345. Extension and modification of credit for producing fuel from a non-
conventional source. 
PART II—ALTERNATIVE MINIMUM TAX PROVISIONS 
Sec. 1346. New nonrefundable personal credits allowed against regular and 
minimum taxes. 
Sec. 1347. Business related energy credits allowed against regular and min-
imum tax. 
Sec. 1348. Temporary repeal of alternative minimum tax preference for intan-
gible drilling costs. 
PART III—CLEAN COAL INCENTIVES 
Sec. 1351. Credit for clean coal technology units. 
Sec. 1352. Expansion of amortization for certain pollution control facilities. 
Sec. 1353. 5-year recovery period for eligible integrated gasification combined 
cycle technology unit eligible for credit. 
PART IV—HIGH VOLUME NATURAL GAS PROVISIONS 
Sec. 1355. High volume natural gas pipe treated as 7-year property. 
Sec. 1356. Extension of enhanced oil recovery credit to high volume natural gas 
facilities. 
Subtitle D—Additional provisions 
Sec. 1361. Extension of accelerated depreciation benefit for energy-related busi-
nesses on indian reservations. 
Sec. 1362. Payment of dividends on stock of cooperatives without reducing pa-
tronage dividends. 
Sec. 1363. Distributions from publicly traded partnerships treated as qualifying 
income of regulated investment companies. 
Sec. 1364. Ceiling fans. 
Sec. 1365. Certain steam generators, and certain reactor vessel heads, used in 
nuclear facilities. 
Sec. 1366. Brownfields demonstration program for qualified green building and 
sustainable design projects. 
TITLE XIV—MISCELLANEOUS 
Subtitle A—Rural and Remote Electricity Construction 
Sec. 1401. Denali Commission programs. 
Sec. 1402. Rural and remote community assistance. 
Subtitle B—Coastal programs 
Sec. 1411. Royalty payments under leases under the Outer Continental Shelf 
Lands Act. 
Sec. 1412. Domestic offshore energy reinvestment. 
Subtitle C—Reforms to the Board of Directors of the Tennessee Valley 
Authority 
Sec. 1431. Change in composition, operation, and duties of the Board of Direc-
tors of the Tennessee Valley Authority.
Sec. 1432. Change in manner of appointment of staff. 
Sec. 1433. Conforming amendments. 
Sec. 1434. Appointments; effective date; transition. 
Subtitle D—Other provisions 
Sec. 1441. Continuation of transmission security order. 
Sec. 1442. Review of agency determinations. 
Sec. 1443. Attainment dates for downwind ozone nonattainment areas. 
Sec. 1444. Energy production incentives. 
Sec. 1445. Use of granular mine tailings. 
TITLE XV—ETHANOL AND MOTOR FUELS 
Subtitle A—General provisions 
Sec. 1501. Renewable content of motor vehicle fuel. 
Sec. 1502. Fuels safe harbor. 
Sec. 1503. Findings and MTBE transition assistance. 
Sec. 1504. Use of MTBE. 
Sec. 1505. National Academy of Sciences review and presidential determina-
tion. 
Sec. 1506. Elimination of oxygen content requirement for reformulated gaso-
line. 
Sec. 1507. Analyses of motor vehicle fuel changes. 
Sec. 1508. Data collection. 
Sec. 1509. Reducing the proliferation of State fuel controls. 
Sec. 1510. Fuel system requirements harmonization study. 
Sec. 1511. Commercial byproducts from municipal solid waste and cellulosic 
biomass loan guarantee program. 
Sec. 1512. Resource Center. 
Sec. 1513. Cellulosic biomass and waste-derived ethanol conversion assistance. 
Sec. 1514. Blending of compliant reformulated gasolines. 
Subtitle B—Underground storage tank compliance 
Sec. 1521. Short title. 
Sec. 1522. Leaking underground storage tanks. 
Sec. 1523. Inspection of underground storage tanks. 
Sec. 1524. Operator training. 
Sec. 1525. Remediation from oxygenated fuel additives. 
Sec. 1526. Release prevention, compliance, and enforcement. 
Sec. 1527. Delivery prohibition. 
Sec. 1528. Federal facilities. 
Sec. 1529. Tanks on Tribal lands. 
Sec. 1530. Future release containment technology. 
Sec. 1531. Authorization of appropriations. 
Sec. 1532. Conforming amendments. 
Sec. 1533. Technical amendments. 
TITLE XVI—STUDIES 
Sec. 1601. Study on inventory of petroleum and natural gas storage. 
Sec. 1602. Natural gas supply shortage report. 
Sec. 1603. Split-estate Federal oil and gas leasing and development practices. 
Sec. 1604. Resolution of Federal resource development conflicts in the Powder 
River Basin.
Sec. 1605. Study of energy efficiency standards. 
Sec. 1606. Telecommuting study. 
Sec. 1607. Liheap report. 
Sec. 1608. Oil bypass filtration technology. 
Sec. 1609. Total integrated thermal systems. 
Sec. 1610. University collaboration. 
Sec. 1611. Reliability and consumer protection assessment. 
TITLE I—ENERGY EFFICIENCY 
Subtitle A—Federal Programs 
SEC. 101. ENERGY AND WATER SAVING MEASURES IN CON-
GRESSIONAL BUILDINGS. 
(a) IN GENERAL.—Part 3 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 552. 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 (referred to in this section as the ‘plan’) for all 
facilities administered by 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 section. 
‘‘(b) PLAN REQUIREMENTS.—The plan shall in-
clude—
‘‘(1) a description of the life cycle cost analysis 
used to determine the cost-effectiveness of proposed 
energy efficiency projects; 
‘‘(2) a schedule of energy surveys to ensure 
complete surveys of all congressional buildings every 
5 years to determine the cost and payback period of 
energy 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 ben-
efits of installation of submetering in congressional 
buildings; and 
‘‘(5) information packages and ‘how-to’ guides 
for each Member and employing authority of Con-
gress that detail simple, cost-effective methods to 
save energy and taxpayer dollars in the workplace. 
‘‘(c) ANNUAL REPORT.—The Architect of the Capitol 
shall submit to Congress annually a report on congres-
sional energy management and conservation programs re-
quired under this section that describes in detail— 
‘‘(1) energy expenditures and savings estimates 
for each facility; 
‘‘(2) energy management and conservation 
projects; and
‘‘(3) future priorities to ensure compliance with 
this section.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents of the National Energy Conservation Policy 
Act is amended by adding at the end of the items relating 
to part 3 of title V the following new item: 
‘‘Sec. 552. Energy and water savings measures in congressional buildings.’’. 
(c) REPEAL.—Section 310 of the Legislative Branch 
Appropriations Act, 1999 (2 U.S.C. 1815), is repealed. 
(d) ENERGY INFRASTRUCTURE.—The Architect of 
the Capitol, building on the Master Plan Study completed 
in July 2000, shall commission a study to evaluate the 
energy infrastructure of the Capital Complex to determine 
how the infrastructure could be augmented to become 
more energy efficient, using unconventional and renewable 
energy resources, in a way that would enable the Complex 
to have reliable utility service in the event of power fluc-
tuations, shortages, or outages. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Architect of the 
Capitol to carry out subsection (d), $2,000,000 for each 
of fiscal years 2004 through 2008. 
SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 
(a) ENERGY REDUCTION GOALS.— 
(1) AMENDMENT.—Section 543(a)(1) of the 
National Energy Conservation Policy Act (42 U.S.C.
8253(a)(1)) is amended by striking ‘‘its Federal 
buildings so that’’ and all that follows through the 
end and inserting ‘‘the Federal buildings of the 
agency (including each industrial or laboratory facil-
ity) so that the energy consumption per gross square 
foot of the Federal buildings of the agency in fiscal 
years 2004 through 2013 is reduced, as compared 
with the energy consumption per gross square foot 
of the Federal buildings of the agency in fiscal year 
2001, by the percentage specified in the following 
table: 
‘‘Fiscal Year 
Percentage reduction 
2004 ...................................................................................................
2005 ...................................................................................................
2006 ...................................................................................................
2007 ...................................................................................................
2008 ...................................................................................................
2009 ...................................................................................................
2010 ...................................................................................................
2011 ...................................................................................................
2012 ...................................................................................................
2013 ...................................................................................................
20.’’. 
(2) REPORTING BASELINE.—The energy reduc-
tion goals and baseline established in paragraph (1) 
of section 543(a) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8253(a)(1)), as amended 
by this subsection, supersede all previous goals and 
baselines under such paragraph, and related report-
ing requirements. 
(b) REVIEW AND REVISION OF ENERGY PERFORM-
ANCE REQUIREMENT.—Section 543(a) of the National
‘‘(iv) the agency has implemented all prac-
ticable, life cycle cost-effective projects with respect 
to the Federal building or collection of Federal 
buildings to be excluded. 
‘‘(B) A finding of impracticability under subpara-
graph (A)(i) shall be based on— 
‘‘(i) the energy intensiveness of activities car-
ried out in the Federal building or collection of Fed-
eral buildings; or 
‘‘(ii) the fact that the Federal building or col-
lection of Federal buildings is used in the perform-
ance of a national security function.’’. 
(d) REVIEW BY SECRETARY.—Section 543(c)(2) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8253(c)(2)) is amended— 
(1) by striking ‘‘impracticability standards’’ and 
inserting ‘‘standards for exclusion’’; 
(2) by striking ‘‘a finding of impracticability’’ 
and inserting ‘‘the exclusion’’; and 
(3) by striking ‘‘energy consumption require-
ments’’ and inserting ‘‘requirements of subsections 
(a) and (b)(1)’’. 
(e) CRITERIA.—Section 543(c) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253(c)) is fur-
ther amended by adding at the end the following:
‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guide-
lines that establish criteria for exclusions under paragraph 
(1).’’. 
(f) RETENTION OF ENERGY AND WATER SAVINGS.— 
Section 546 of the National Energy Conservation Policy 
Act (42 U.S.C. 8256) is amended by adding at the end 
the following new subsection: 
‘‘(e) RETENTION
OF ENERGY
AND WATER SAV-
INGS.—An agency may retain any funds appropriated to 
that agency for energy expenditures, water expenditures, 
or wastewater treatment expenditures, at buildings subject 
to the requirements of section 543(a) and (b), that are 
not made because of energy savings or water savings. Ex-
cept as otherwise provided by law, such funds may be used 
only for energy efficiency, water conservation, or uncon-
ventional and renewable energy resources projects.’’. 
(g) REPORTS.—Section 548(b) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 
amended— 
(1) in the subsection heading, by inserting 
‘‘THE PRESIDENT AND’’ before ‘‘CONGRESS’’; and 
(2) by inserting ‘‘President and’’ before ‘‘Con-
gress’’.
(h) CONFORMING AMENDMENT.—Section 550(d) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8258b(d)) is amended in the second sentence by striking 
‘‘the 20 percent reduction goal established under section 
543(a) of the National Energy Conservation Policy Act 
(42 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy 
reduction goals established under section 543(a).’’. 
SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY. 
Section 543 of the National Energy Conservation 
Policy 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, 2010, in ac-
cordance with guidelines established by the Sec-
retary under paragraph (2), all Federal 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. Each agency 
shall use, to the maximum extent practicable, ad-
vanced meters or advanced 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 incor-
porated into existing Federal energy tracking sys-
tems and made available to Federal 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 
Department of Defense, the General Services 
Administration, representatives from the meter-
ing industry, utility industry, energy services in-
dustry, energy efficiency industry, energy effi-
ciency advocacy organizations, national labora-
tories, universities, and Federal facility energy 
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 
submetering and the reduced cost of 
operation and maintenance expected 
to result from metering and sub-
metering; 
‘‘(II) the extent to which meter-
ing and submetering are expected to 
result in increased potential for en-
ergy management, increased potential 
for energy savings and energy effi-
ciency improvement, and cost and en-
ergy savings due to utility contract 
aggregation; and 
‘‘(III) 
the 
measurement 
and 
verification protocols of the Depart-
ment of Energy; 
‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gath-
er and use the metering information to 
track and reduce energy use; 
‘‘(iii) establish priorities for types and 
locations of buildings to be metered and 
submetered based on cost-effectiveness and 
a schedule of 1 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 minimis quantity of energy
use of a Federal building, industrial proc-
ess, or structure. 
‘‘(3) PLAN.—Not later than 6 months after the 
date guidelines are established under paragraph (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 respon-
sible for achieving the requirements and (B) dem-
onstration by the agency, complete with documenta-
tion, of any finding that advanced meters or ad-
vanced metering devices, as defined in paragraph 
(1), are not practicable.’’. 
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS. 
(a) REQUIREMENTS.—Part 3 of title V of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8251 
et seq.), as amended by section 101, is amended by adding 
at the end the following: 
‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI-
CIENT PRODUCTS. 
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ENERGY STAR PRODUCT.—The term ‘En-
ergy Star product’ means a product that is rated for 
energy efficiency under an Energy Star program. 
‘‘(2) ENERGY STAR PROGRAM.—The term ‘En-
ergy Star program’ means the program established 
by section 324A of the Energy Policy and Conserva-
tion Act. 
‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning given the term in section 
4 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403). 
‘‘(4) FEMP DESIGNATED PRODUCT.—The term 
‘FEMP designated product’ means a product that is 
designated under the Federal Energy Management 
Program of the Department of Energy as being 
among the highest 25 percent of equivalent products 
for energy efficiency. 
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.— 
‘‘(1) REQUIREMENT.—To meet the require-
ments of an executive agency for an energy con-
suming product, 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.
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN 
FEDERAL CATALOGS.—Energy Star products and FEMP 
designated products shall be clearly identified and promi-
nently displayed in any inventory or listing of products 
by the General Services Administration or the Defense Lo-
gistics Agency. The General Services Administration or 
the Defense Logistics Agency shall supply only Energy 
Star products or FEMP designated products for all prod-
uct categories covered by the Energy Star program or the 
Federal Energy Management Program, except in cases 
where the agency ordering a product specifies in writing 
that no Energy Star product or FEMP designated product 
is available to meet the buyer’s functional requirements, 
or that no Energy Star product or FEMP designated 
product is cost-effective for the intended application over 
the life of the product, taking energy cost savings into ac-
count. 
‘‘(d) SPECIFIC PRODUCTS.—(1) In the case of elec-
tric motors of 1 to 500 horsepower, agencies shall select 
only premium efficient motors that meet a standard des-
ignated by the Secretary. The Secretary shall designate 
such a standard not later than 120 days after the date 
of the enactment of this section, after considering the rec-
ommendations of associated electric motor manufacturers 
and energy efficiency groups.
‘‘(2) All Federal agencies are encouraged to take ac-
tions to maximize the efficiency of air conditioning and 
refrigeration equipment, including appropriate cleaning 
and maintenance, including the use of any system treat-
ment or additive that will reduce the electricity consumed 
by air conditioning and refrigeration equipment. Any such 
treatment or additive must be— 
‘‘(A) determined by the Secretary to be effective 
in increasing the efficiency of air conditioning and 
refrigeration equipment without having an adverse 
impact on air conditioning performance (including 
cooling capacity) or equipment useful life; 
‘‘(B) determined by the Administrator of the 
Environmental Protection Agency to be environ-
mentally safe; and 
‘‘(C) shown to increase seasonal energy effi-
ciency ratio (SEER) or energy efficiency ratio 
(EER) when tested by the National Institute of 
Standards and Technology according to Department 
of Energy test procedures without causing any ad-
verse impact on the system, system components, the 
refrigerant or lubricant, or other materials in the 
system. 
Results of testing described in subparagraph (C) shall be 
published in the Federal Register for public review and
comment. For purposes of this section, a hardware device 
or primary refrigerant shall not be considered an additive. 
‘‘(e) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this section, the Secretary 
shall issue guidelines to carry out this section.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the National Energy Conservation Policy Act is 
further amended by inserting after the item relating to 
section 552 the following new item: 
‘‘Sec. 553. Federal procurement of energy efficient products.’’. 
SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) PERMANENT EXTENSION.—Effective September 
30, 2003, section 801(c) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287(c)) is repealed. 
(b) PAYMENT OF COSTS.—Section 802 of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8287a) 
is amended by inserting ‘‘, water, or wastewater treat-
ment’’ after ‘‘payment of energy’’. 
(c) ENERGY SAVINGS.—Section 804(2) of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8287c(2)) is amended to read as follows: 
‘‘(2) The term ‘energy savings’ means a reduc-
tion in the cost of energy, water, or wastewater 
treatment, from a base cost established through a 
methodology set forth in the contract, used in an ex-
isting federally owned building or buildings or other 
federally owned facilities as a result 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 recov-
ery, excluding any cogeneration process for 
other than a federally owned building or build-
ings or other federally owned facilities; or 
‘‘(C) the increased efficient use of existing 
water sources in either interior or exterior ap-
plications.’’. 
(d) ENERGY SAVINGS CONTRACT.—Section 804(3) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8287c(3)) is amended to read as follows: 
‘‘(3) The terms ‘energy savings contract’ and 
‘energy savings performance contract’ mean a con-
tract that provides for the performance of services 
for the design, acquisition, installation, testing, and, 
where appropriate, operation, maintenance, and re-
pair, of an identified energy or water conservation 
measure or series of measures at 1 or more loca-
tions. Such contracts shall, with respect to an agen-
cy facility that is a public building (as such term is
defined in section 3301 of title 40, United States 
Code), be in compliance with the prospectus require-
ments and procedures of section 3307 of title 40, 
United States Code.’’. 
(e) ENERGY OR WATER CONSERVATION MEASURE.— 
Section 804(4) of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8287c(4)) is amended to read as fol-
lows: 
‘‘(4) The term ‘energy or water conservation 
measure’ means— 
‘‘(A) an energy conservation measure, as 
defined in section 551; or 
‘‘(B) a water conservation measure that 
improves the efficiency of water use, is life-cycle 
cost-effective, and involves water conservation, 
water recycling or reuse, more efficient treat-
ment of wastewater or stormwater, improve-
ments in operation or maintenance efficiencies, 
retrofit activities, or other related activities, not 
at a Federal hydroelectric facility.’’. 
(f) REVIEW.—Not later than 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 increasing program flexibility 
and effectiveness, including audit and measurement 
verification requirements, accounting for energy use in de-
termining savings, contracting requirements, including the 
identification of additional qualified contractors, and en-
ergy efficiency services covered. The Secretary shall report 
these findings to Congress and shall implement identified 
administrative and regulatory changes to increase pro-
gram flexibility and effectiveness to the extent that such 
changes are consistent with statutory authority. 
(g) EXTENSION OF AUTHORITY.—Any energy sav-
ings performance contract entered into under section 801 
of the National Energy Conservation Policy Act (42 
U.S.C. 8287) after October 1, 2003, and before the date 
of enactment of this Act, shall be deemed to have been 
entered into pursuant to such section 801 as amended by 
subsection (a) of this section. 
SEC. 106. ENERGY SAVINGS PERFORMANCE CONTRACTS 
PILOT PROGRAM FOR NONBUILDING APPLI-
CATIONS. 
(a) IN GENERAL.—The Secretary of Defense and the 
heads of other interested Federal agencies are authorized 
to enter into up to 10 energy savings performance con-
tracts using procedures, established under subsection (b),
based on the procedures under title VIII of the National 
Energy Conservation Policy Act (42 U.S.C. 8287 et seq.), 
for the purpose of achieving energy or water savings, sec-
ondary savings, and benefits incidental to those purposes, 
in nonbuilding applications. The payments to be made by 
the Federal Government under such contracts shall not 
exceed a total of $200,000,000 for all such contracts com-
bined. 
(b) PROCEDURES.—The Secretary of Energy, in con-
sultation with the Administrator of General Services and 
the Secretary of Defense, shall establish procedures based 
on the procedures under title VIII of the National Energy 
Conservation Policy Act (42 U.S.C. 8287 et seq.), for im-
plementing this section. 
(c) DEFINITIONS.—In this section: 
(1) NONBUILDING
APPLICATION.—The term 
‘‘nonbuilding application’’ means— 
(A) any class of vehicles, devices, or equip-
ment that are transportable under their own 
power by land, sea, or air that consume energy 
from any fuel source for the purpose of such 
transportability, or to maintain a controlled en-
vironment within such vehicle, device, or equip-
ment; or
(B) any Federally owned equipment used 
to generate electricity or transport water. 
(2) SECONDARY
SAVINGS.—The term ‘‘sec-
ondary savings’’ means additional energy or cost 
savings that are a direct consequence of the energy 
or water savings that result from the financing and 
implementation of the energy savings performance 
contract, including, but not limited to, energy or cost 
savings that result from a reduction in the need for 
fuel delivery and logistical support, or the increased 
efficiency in the production of electricity. 
(d) REPORT.—Not later than 3 years after the date 
of enactment of this section, the Secretary of Energy shall 
report to Congress on the progress and results of the 
projects funded pursuant to this section. Such report shall 
include a description of projects undertaken; the energy, 
water, and cost savings, secondary savings, and other ben-
efits that resulted from such projects; and recommenda-
tions on whether the pilot program should be extended, 
expanded, or authorized permanently as a part of the pro-
gram authorized under title VIII of the National Energy 
Conservation Policy Act (42 U.S.C. 8287 et seq.).
SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY. 
(a) VOLUNTARY AGREEMENTS.—The Secretary of 
Energy is authorized to enter into voluntary agreements 
with 1 or more persons in industrial sectors that consume 
significant amounts of primary energy per unit of physical 
output to reduce the energy intensity of their production 
activities by a significant amount relative to improvements 
in each sector in recent years. 
(b) RECOGNITION.—The Secretary of Energy, in co-
operation with the Administrator of the Environmental 
Protection Agency and other appropriate Federal agen-
cies, shall recognize and publicize the achievements of par-
ticipants in voluntary agreements under this section. 
(c) DEFINITION.—In this section, the term ‘‘energy 
intensity’’ means the primary energy consumed per unit 
of physical output in an industrial process. 
SEC. 108. ADVANCED BUILDING EFFICIENCY TESTBED. 
(a) ESTABLISHMENT.—The Secretary of Energy, in 
consultation with the Administrator of General Services, 
shall establish an Advanced Building Efficiency Testbed 
program for the development, testing, and demonstration 
of advanced engineering systems, components, and mate-
rials to enable innovations in building technologies. The 
program shall evaluate efficiency concepts for government 
and industry buildings, and demonstrate the ability of
next generation buildings to support individual and orga-
nizational productivity and health (including by improving 
indoor air quality) as well as flexibility and technological 
change to improve environmental sustainability. Such pro-
gram shall complement and not duplicate existing national 
programs. 
(b) PARTICIPANTS.—The program established under 
subsection (a) shall be led by a university with the ability 
to combine the expertise from numerous academic fields 
including, at a minimum, intelligent workplaces and ad-
vanced building systems and engineering, electrical and 
computer engineering, computer science, architecture, 
urban design, and environmental and mechanical engi-
neering. Such university shall partner with other univer-
sities and entities who have established programs and the 
capability of advancing innovative building efficiency tech-
nologies. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy to carry out this section $6,000,000 for each of the 
fiscal years 2004 through 2006, to remain available until 
expended. For any fiscal year in which funds are expended 
under this section, the Secretary shall provide 1⁄3 of the 
total amount to the lead university described in subsection
(b), and provide the remaining 2⁄3 to the other participants 
referred to in subsection (b) on an equal basis. 
SEC. 109. FEDERAL BUILDING PERFORMANCE STANDARDS. 
Section 305(a) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)) is amended— 
(1) in paragraph (2)(A), by striking ‘‘CABO 
Model Energy Code, 1992’’ and inserting ‘‘the 2003 
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 Sec-
retary of Energy shall establish, by rule, revised 
Federal building energy efficiency performance 
standards that require that— 
‘‘(i) if life-cycle cost-effective, for new Fed-
eral buildings— 
‘‘(I) such buildings be designed so as 
to achieve energy consumption levels at 
least 30 percent below those of the version 
current as of the date of enactment of this 
paragraph of the ASHRAE Standard or 
the International Energy Conservation 
Code, as appropriate; and
‘‘(II) sustainable design principles are 
applied to the siting, design, and construc-
tion of all new and replacement buildings; 
and 
‘‘(ii) where water is used to achieve energy 
efficiency, water conservation technologies shall 
be applied to the extent they are life-cycle cost 
effective. 
‘‘(B) ADDITIONAL REVISIONS.—Not later than 
1 year after the date of approval of each subsequent 
revision of the ASHRAE Standard or the Inter-
national Energy Conservation Code, as appropriate, 
the Secretary of Energy shall determine, based on 
the cost-effectiveness of the requirements under the 
amendments, whether the revised standards estab-
lished under this paragraph should be updated to re-
flect the amendments. 
‘‘(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 Policy Act (42 
U.S.C. 8258(a)), the head of each Federal agency 
shall include—
‘‘(i) a list of all new Federal buildings 
owned, operated, or controlled by the Federal 
agency; and 
‘‘(ii) a statement concerning whether the 
Federal buildings meet or exceed the revised 
standards established under this paragraph.’’. 
SEC. 110. INCREASED USE OF RECOVERED MINERAL COM-
PONENT IN FEDERALLY FUNDED PROJECTS 
INVOLVING PROCUREMENT OF CEMENT OR 
CONCRETE. 
(a) AMENDMENT.—Subtitle F of the Solid Waste 
Disposal Act (42 U.S.C. 6961 et seq.) is amended by add-
ing at the end the following new section: 
‘‘INCREASED USE OF RECOVERED MINERAL COMPONENT 
IN FEDERALLY FUNDED PROJECTS INVOLVING PRO-
CUREMENT OF CEMENT OR CONCRETE 
‘‘SEC. 6005. (a) DEFINITIONS.—In this section: 
‘‘(1) AGENCY HEAD.—The term ‘agency head’ 
means— 
‘‘(A) the Secretary of Transportation; and 
‘‘(B) the head of each other Federal agen-
cy that on a regular basis procures, or provides 
Federal funds to pay or assist in paying the 
cost of procuring, material for cement or con-
crete projects.
‘‘(2) 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— 
‘‘(A) involves the procurement of cement 
or concrete; and 
‘‘(B) is carried out in whole or in part 
using Federal funds. 
‘‘(3) RECOVERED MINERAL COMPONENT.—The 
term ‘recovered mineral component’ means— 
‘‘(A) ground granulated blast furnace slag; 
‘‘(B) coal combustion fly ash; and 
‘‘(C) any other waste material or byprod-
uct recovered or diverted from solid waste that 
the Administrator, in consultation with an 
agency head, determines should be treated as 
recovered mineral component 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 section, the Adminis-
trator and each agency head shall take such actions
as are necessary to implement fully all procurement 
requirements and incentives in effect as of the date 
of enactment of this section (including guidelines 
under section 6002) that provide for the use of ce-
ment and concrete incorporating recovered mineral 
component in cement or concrete projects. 
‘‘(2) PRIORITY.—In carrying out paragraph (1) 
an agency head shall give priority to achieving great-
er use of recovered mineral component in cement or 
concrete projects for which recovered mineral compo-
nents historically have not been used or have been 
used only minimally. 
‘‘(3) CONFORMANCE.—The Administrator and 
each agency head shall carry out this subsection in 
accordance with section 6002. 
‘‘(c) FULL IMPLEMENTATION STUDY.— 
‘‘(1) IN GENERAL.—The Administrator, in co-
operation with the Secretary of Transportation and 
the Secretary of Energy, shall conduct a study to de-
termine the extent to which current procurement re-
quirements, when fully implemented in accordance 
with subsection (b), may realize energy savings and 
environmental benefits attainable with substitution 
of recovered mineral component in cement used in 
cement or concrete projects.
‘‘(2) MATTERS TO BE ADDRESSED.—The study 
shall— 
‘‘(A) quantify the extent to which recov-
ered mineral components are being substituted 
for Portland cement, particularly as a result of 
current procurement requirements, and the en-
ergy savings and environmental benefits associ-
ated with that substitution; 
‘‘(B) identify all barriers in procurement 
requirements to greater realization of energy 
savings and environmental benefits, including 
barriers resulting from exceptions from current 
law; and 
‘‘(C)(i) identify potential mechanisms to 
achieve greater substitution of recovered min-
eral component in types of cement or concrete 
projects for which recovered mineral compo-
nents 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 mineral component in 
those cement or concrete projects; and 
‘‘(iii) identify any potential environmental 
or economic effects that may result from great-
er substitution of recovered mineral component 
in those cement or concrete projects. 
‘‘(3) REPORT.—Not later than 30 months after 
the date of enactment of this section, the Adminis-
trator shall submit to Congress a report on the 
study. 
‘‘(d) ADDITIONAL PROCUREMENT REQUIREMENTS.— 
Unless the study conducted under subsection (c) identifies 
any effects or other problems described in subsection 
(c)(2)(C)(iii) that warrant further review or delay, the Ad-
ministrator and each agency head shall, not later than 1 
year after the release of the report in accordance with sub-
section (c)(3), take additional actions authorized under 
this Act to establish procurement requirements and incen-
tives that provide for the use of cement and concrete with 
increased substitution of recovered mineral component in 
the construction and maintenance of cement or concrete 
projects, so as to— 
‘‘(1) realize more fully the energy savings and 
environmental benefits associated with increased 
substitution; and 
‘‘(2) eliminate barriers identified under sub-
section (c). 
‘‘(e) EFFECT OF SECTION.—Nothing in this section 
affects the requirements of section 6002 (including the
guidelines and specifications for implementing those re-
quirements).’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents of the Solid Waste Disposal Act is amended 
by adding after the item relating to section 6004 the fol-
lowing new item: 
‘‘Sec. 6005. Increased use of recovered mineral component in federally funded 
projects involving procurement of cement or concrete.’’. 
Subtitle B—Energy Assistance and 
State Programs 
SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PRO-
GRAM. 
Section 2602(b) of the Low-Income Home Energy 
Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended 
by striking ‘‘and $2,000,000,000 for each of fiscal years 
2002 through 2004’’ and inserting ‘‘$2,000,000,000 for 
fiscal years 2002 and 2003, and $3,400,000,000 for each 
of fiscal years 2004 through 2006’’. 
SEC. 122. WEATHERIZATION ASSISTANCE. 
Section 422 of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6872) is amended by striking ‘‘for 
fiscal years 1999 through 2003 such sums as may be nec-
essary’’ and inserting ‘‘$325,000,000 for fiscal year 2004, 
$400,000,000 for fiscal year 2005, and $500,000,000 for 
fiscal year 2006’’.
SEC. 123. 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 inserting at the end the following 
new subsection: 
‘‘(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 such State 
submitted under subsection (b) or (e). Such reviews should 
consider the energy conservation plans of other States 
within the region, and identify opportunities and actions 
carried out in pursuit of common energy conservation 
goals.’’. 
(b) STATE ENERGY EFFICIENCY GOALS.—Section 
364 of the Energy Policy and Conservation Act (42 U.S.C. 
6324) is amended to read as follows: 
‘‘STATE ENERGY EFFICIENCY GOALS 
‘‘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 Pol-
icy Act of 2003 shall contain a goal, consisting of an im-
provement 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 in-
terim goals.’’.
section 362 of the Energy Policy and Conservation 
Act (42 U.S.C. 6322). 
(6) 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 
receive an allocation under subsection (c) if the State— 
(1) establishes (or has established) a State en-
ergy efficient appliance rebate program to provide 
rebates to residential consumers for the purchase of 
residential Energy Star products to replace used ap-
pliances 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 sup-
plement, 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 
obtained by multiplying the amount made available
under subsection (f) 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 pro-
vided 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 consid-
eration— 
(1) the amount of the allocation to the State 
energy 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 resi-
dential Energy Star product and the cost of an ap-
pliance that is not a residential Energy Star prod-
uct, but is of the same type as, and is the nearest 
capacity, performance, and other relevant character-
istics (as determined by the State energy office) to, 
the residential Energy Star product. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $50,000,000 for each of the fiscal years 
2004 through 2008. 
SEC. 125. ENERGY EFFICIENT PUBLIC BUILDINGS. 
(a) GRANTS.—The Secretary of Energy may make 
grants to the State agency responsible for developing State 
energy conservation plans under section 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 Gov-
ernor of the State, to assist units of local government in 
the State in improving the energy efficiency of public 
buildings and facilities— 
(1) through construction of new energy efficient 
public buildings that use at least 30 percent less en-
ergy than a comparable public building constructed 
in compliance with standards prescribed in the most 
recent version of the International Energy Conserva-
tion Code, or a similar State code intended to 
achieve substantially equivalent efficiency levels; or 
(2) through renovation of existing public build-
ings to achieve reductions in energy use of at least 
30 percent as compared to the baseline energy use 
in such buildings prior to renovation, assuming a 3- 
year, weather-normalized average for calculating 
such baseline. 
(b) ADMINISTRATION.—State energy offices receiving 
grants under this section shall— 
(1) maintain such records and evidence of com-
pliance as the Secretary may require; and 
(2) develop and distribute information and ma-
terials and conduct programs to provide technical 
services and assistance to encourage planning, fi-
nancing, and design of energy efficient public build-
ings by units of local government. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of this section, there are authorized to be appro-
priated to the Secretary of Energy $30,000,000 for each 
of fiscal years 2004 through 2008. Not more than 10 per-
cent of appropriated funds shall be used for administra-
tion.
SEC. 126. 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-
ciency; identify and develop alternative, renewable, and 
distributed energy supplies; and increase energy conserva-
tion 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.), that is 
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 $20,000,000 for each 
of fiscal years 2004 through 2006. 
Subtitle C—Energy Efficient 
Products 
SEC. 131. ENERGY STAR PROGRAM. 
(a) AMENDMENT.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.) is amended by inserting 
the following after section 324: 
‘‘SEC. 324A. ENERGY STAR PROGRAM. 
‘‘There is established at the Department of Energy 
and the Environmental Protection Agency a voluntary 
program to identify and promote energy-efficient products 
and buildings in order to reduce energy consumption, im-
prove energy security, and reduce pollution through vol-
untary labeling of or other forms of communication about 
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 En-
vironmental Protection Agency consistent with the terms 
of agreements between the 2 agencies. The Administrator 
and the Secretary shall— 
‘‘(1) promote Energy Star compliant tech-
nologies as the preferred technologies in the market-
place for achieving energy efficiency and to reduce 
pollution; 
‘‘(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; 
‘‘(4) solicit comments from interested parties 
prior to establishing or revising an Energy Star 
product category, specification, or criterion (or effec-
tive dates for any of the foregoing); 
‘‘(5) upon adoption of a new or revised product 
category, specification, or criterion, provide reason-
able notice to interested parties of any changes (in-
cluding effective dates) in product categories, speci-
fications, or criteria along with an explanation of
such changes and, where appropriate, responses to 
comments submitted by interested parties; and 
‘‘(6) provide appropriate lead time (which shall 
be 9 months, unless the Agency or Department de-
termines otherwise) prior to the effective date for a 
new or a significant revision to a product category, 
specification, or criterion, taking into account the 
timing requirements of the manufacturing, product 
marketing, and distribution process for the specific 
product addressed.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents of the Energy Policy and Conservation Act is 
amended by inserting after the item relating to section 
324 the following new item: 
‘‘Sec. 324A. Energy Star program.’’. 
SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION 
PROGRAM. 
Section 337 of the Energy Policy and Conservation 
Act (42 U.S.C. 6307) is amended by adding at the end 
the following: 
‘‘(c) HVAC MAINTENANCE.—For the purpose of en-
suring that installed air conditioning and heating systems 
operate at their maximum rated efficiency levels, the Sec-
retary shall, not later than 180 days after the date of en-
actment of this subsection, carry out a program to educate 
homeowners and small business owners concerning the en-
ergy savings resulting from properly conducted mainte-
nance of air conditioning, heating, and ventilating sys-
tems. The Secretary shall carry out the program in a cost- 
shared manner in cooperation with the Administrator of 
the Environmental Protection Agency and such other enti-
ties as the Secretary considers appropriate, including in-
dustry trade associations, industry members, and energy 
efficiency organizations. 
‘‘(d) SMALL BUSINESS EDUCATION
AND ASSIST-
ANCE.—The Administrator of the Small Business Admin-
istration, in consultation with the Secretary of Energy and 
the Administrator of the Environmental Protection Agen-
cy, shall develop and coordinate a Government-wide pro-
gram, building on the existing Energy Star for Small 
Business Program, to assist small businesses to become 
more energy efficient, understand the cost savings obtain-
able through efficiencies, and identify financing options 
for energy efficiency upgrades. The Secretary and the Ad-
ministrator of the Small Business Administration shall 
make the program information available directly to small 
businesses and through other Federal agencies, including 
the Federal Emergency Management Program and the 
Department of Agriculture.’’.
SEC. 133. ENERGY CONSERVATION STANDARDS FOR ADDI-
TIONAL PRODUCTS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy 
and Conservation Act (42 U.S.C. 6291) is amended— 
(1) in paragraph (30)(S), by striking the period 
and adding at the end the following: ‘‘but does not 
include any lamp specifically designed to be used for 
special purpose applications and that is unlikely to 
be used in general purpose applications such as 
those described in subparagraph (D), and also does 
not include any lamp not described in subparagraph 
(D) that is excluded by the Secretary, by rule, be-
cause the lamp is designed for special applications 
and is unlikely to be used in general purpose appli-
cations.’’; and 
(2) by adding at the end the following: 
‘‘(32) The term ‘battery charger’ means a de-
vice that charges batteries for consumer products 
and includes battery chargers embedded in other 
consumer products. 
‘‘(33) The term ‘commercial refrigerators, 
freezers, and refrigerator-freezers’ means refrig-
erators, freezers, or refrigerator-freezers that— 
‘‘(A) are not consumer products regulated 
under this Act; and
‘‘(B) incorporate 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 cur-
rent or lower-voltage AC current to operate a con-
sumer product. 
‘‘(35) The term ‘illuminated exit sign’ means a 
sign that— 
‘‘(A) is designed to be permanently fixed in 
place to identify an exit; and 
‘‘(B) consists of an electrically powered in-
tegral light source that illuminates the legend 
‘EXIT’ and any directional indicators and pro-
vides contrast between the legend, any direc-
tional indicators, and the background. 
‘‘(36)(A) Except as provided in subparagraph 
(B), the term ‘distribution transformer’ means a 
transformer that— 
‘‘(i) has an input voltage of 34.5 kilovolts 
or less; 
‘‘(ii) has an output voltage of 600 volts or 
less; and
‘‘(iii) is rated for operation at a frequency 
of 60 Hertz. 
‘‘(B) The term ‘distribution 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, such as those commonly 
known as drive transformers, rectifier trans-
formers, 
auto-transformers, 
Uninterruptible 
Power System transformers, impedance trans-
formers, harmonic transformers, regulating 
transformers, sealed and nonventilating trans-
formers, machine tool transformers, welding 
transformers, grounding transformers, or test-
ing transformers, that are designed to be used 
in a special purpose application and are unlikely 
to be used in general purpose applications; or 
‘‘(iii) any transformer not listed in clause 
(ii) that is excluded by the Secretary by rule be-
cause— 
‘‘(I) the transformer is designed for a 
special application;
‘‘(II) the transformer is unlikely to be 
used in general purpose applications; and 
‘‘(III) the application of standards to 
the transformer would not result in signifi-
cant energy savings. 
‘‘(37) The term ‘low-voltage dry-type distribu-
tion transformer’ means a distribution transformer 
that— 
‘‘(A) has an input voltage of 600 volts or 
less; 
‘‘(B) is air-cooled; and 
‘‘(C) does not use oil as a coolant. 
‘‘(38) The term ‘standby mode’ means the low-
est power consumption mode that— 
‘‘(A) cannot be switched off or influenced 
by the user; and 
‘‘(B) may persist for an indefinite time 
when an appliance is connected to the main 
electricity supply and used in accordance with 
the manufacturer’s instructions, 
as defined on an individual product basis by the Sec-
retary. 
‘‘(39) The term ‘torchiere’ means a portable 
electric lamp with a reflector bowl that directs light 
upward so as to give indirect illumination.
‘‘(40) The term ‘traffic signal module’ means a 
standard 8-inch (200mm) or 12-inch (300mm) traf-
fic signal indication, consisting of a light source, a 
lens, and all other parts necessary for operation, 
that communicates movement messages to drivers 
through red, amber, and green colors. 
‘‘(41) The term ‘transformer’ means a device 
consisting of 2 or more coils of insulated wire that 
transfers alternating current by electromagnetic in-
duction from 1 coil to another to change the original 
voltage or current value. 
‘‘(42) The term ‘unit heater’ means a self-con-
tained fan-type heater designed to be installed with-
in the heated space, except that such term does not 
include a warm air furnace.’’. 
(b) TEST PROCEDURES.—Section 323 of the Energy 
Policy and Conservation Act (42 U.S.C. 6293) is amend-
ed— 
(1) in subsection (b), by adding at the end the 
following: 
‘‘(9) Test procedures for illuminated exit signs 
shall be based on the test method used under 
Version 2.0 of the Energy Star program of the Envi-
ronmental Protection Agency for illuminated exit 
signs.
‘‘(10) Test procedures for distribution trans-
formers and low voltage dry-type distribution trans-
formers shall be based on the ‘Standard Test Meth-
od for Measuring the Energy Consumption of Dis-
tribution Transformers’ prescribed by the National 
Electrical Manufacturers Association (NEMA TP 2– 
1998). The Secretary may review and revise this test 
procedure. For purposes of section 346(a), this test 
procedure shall be deemed to be testing require-
ments prescribed by the Secretary under section 
346(a)(1) for distribution transformers for which the 
Secretary makes a determination that energy con-
servation standards would be technologically feasible 
and economically justified, and would result in sig-
nificant energy savings. 
‘‘(11) Test procedures for traffic signal modules 
shall be based on the test method used under the 
Energy Star program of the Environmental Protec-
tion Agency for traffic signal modules, as in effect 
on the date of enactment of this paragraph. 
‘‘(12) Test procedures for medium base com-
pact fluorescent lamps shall be based on the test 
methods used under the August 9, 2001, version of 
the Energy Star program of the Environmental Pro-
tection Agency and Department of Energy for com-
pact fluorescent lamps. Covered products shall meet 
all test requirements for regulated parameters in 
section 325(bb). However, covered products may be 
marketed prior to completion of lamp life and lumen 
maintenance at 40 percent of rated life testing pro-
vided manufacturers document engineering pre-
dictions and analysis that support expected attain-
ment of lumen maintenance at 40 percent rated life 
and lamp life time.’’; and 
(2) by adding at the end the following: 
‘‘(f) ADDITIONAL
CONSUMER
AND
COMMERCIAL 
PRODUCTS.—The Secretary shall, not later than 24 
months after the date of enactment of this subsection, pre-
scribe testing requirements for suspended ceiling fans, re-
frigerated bottled or canned beverage vending machines, 
and commercial refrigerators, freezers, and refrigerator- 
freezers. Such testing requirements shall be based on ex-
isting test procedures used in industry to the extent prac-
tical and reasonable. In the case of suspended ceiling fans, 
such test procedures shall include efficiency at both max-
imum output and at an output no more than 50 percent 
of the maximum output.’’. 
(c) NEW STANDARDS.—Section 325 of the Energy 
Policy and Conservation Act (42 U.S.C. 6295) is amended 
by adding at the end the following:
‘‘(u) BATTERY CHARGER AND EXTERNAL POWER 
SUPPLY ELECTRIC ENERGY CONSUMPTION.— 
‘‘(1) INITIAL RULEMAKING.—(A) The Secretary 
shall, within 18 months after the date of enactment 
of this subsection, prescribe by notice and comment, 
definitions and test procedures for the power use of 
battery chargers and external power supplies. In es-
tablishing these test procedures, the Secretary shall 
consider, among other factors, existing definitions 
and test procedures used for measuring energy con-
sumption in standby mode and other modes and as-
sess the current and projected future market for 
battery chargers and external power supplies. This 
assessment shall include estimates of the significance 
of potential energy savings from technical improve-
ments 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 devel-
oping energy conservation standards for energy use 
for these products. 
‘‘(B) The Secretary shall, within 3 years after 
the date of enactment of this subsection, issue a 
final rule that determines whether energy conserva-
tion standards shall be issued 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 energy use that— 
‘‘(i) meets the criteria and procedures 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) REVIEW
OF
STANDBY
ENERGY
USE
IN 
COVERED PRODUCTS.—In determining pursuant to 
section 323 whether test procedures and energy con-
servation standards pursuant to this section should 
be revised, the Secretary shall consider, for covered 
products that are major sources of standby mode en-
ergy consumption, whether to incorporate standby 
mode into such test procedures and energy conserva-
tion standards, taking into account, among other 
relevant factors, standby mode power consumption 
compared to overall product energy consumption. 
‘‘(3) RULEMAKING.—The Secretary shall not 
propose a standard under this section unless the 
Secretary has issued applicable test procedures for 
each product pursuant to section 323. 
‘‘(4) EFFECTIVE DATE.—Any standard issued 
under this subsection shall be applicable to products
manufactured or imported 3 years after the date of 
issuance. 
‘‘(5) VOLUNTARY
PROGRAMS.—The Secretary 
and the Administrator shall collaborate and develop 
programs, including programs pursuant to section 
324A (relating to Energy Star Programs) and other 
voluntary industry agreements or codes of conduct, 
that are designed to reduce standby mode energy 
use. 
‘‘(v) SUSPENDED CEILING FANS, VENDING MA-
CHINES, AND COMMERCIAL REFRIGERATORS, FREEZERS, 
AND REFRIGERATOR-FREEZERS.—The Secretary shall not 
later than 36 months after the date on which testing re-
quirements 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, and commercial re-
frigerators, freezers, and refrigerator-freezers. In estab-
lishing standards under this subsection, the Secretary 
shall use the criteria and procedures contained in sub-
sections (o) and (p). 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.
‘‘(w) ILLUMINATED EXIT SIGNS.—Illuminated exit 
signs manufactured on or after January 1, 2005, shall 
meet the Version 2.0 Energy Star Program performance 
requirements for illuminated exit signs prescribed by the 
Environmental Protection Agency. 
‘‘(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
DISTRIBUTION 
TRANSFORMERS.—The efficiency of low voltage dry-type 
distribution transformers manufactured on or after Janu-
ary 1, 2005, shall be the Class I Efficiency Levels for dis-
tribution transformers specified in Table 4–2 of the ‘Guide 
for Determining Energy Efficiency for Distribution Trans-
formers’ published by the National Electrical Manufactur-
ers Association (NEMA TP–1–2002). 
‘‘(z) TRAFFIC SIGNAL MODULES.—Traffic signal 
modules manufactured on or after January 1, 2006, shall 
meet the performance requirements used under the En-
ergy Star program of the Environmental Protection Agen-
cy for traffic signals, as in effect on the date of enactment 
of this subsection, and shall be installed with compatible,
electrically connected signal control interface devices and 
conflict monitoring systems. 
‘‘(aa) UNIT HEATERS.—Unit heaters manufactured 
on or after the date that is 3 years after the date of enact-
ment of this subsection shall be equipped with an intermit-
tent ignition device and shall have either power venting 
or an automatic flue damper. 
‘‘(bb) MEDIUM
BASE
COMPACT
FLUORESCENT 
LAMPS.—Bare lamp and covered lamp (no reflector) me-
dium base compact fluorescent lamps manufactured on or 
after January 1, 2005, shall meet the following require-
ments prescribed by the August 9, 2001, version of the 
Energy Star Program Requirements for Compact Fluores-
cent Lamps, Energy Star Eligibility Criteria, Energy-Effi-
ciency Specification issued by the Environmental Protec-
tion Agency and Department of Energy: minimum initial 
efficacy; lumen maintenance at 1000 hours; lumen mainte-
nance at 40 percent of rated life; rapid cycle stress test; 
and lamp life. The Secretary may, by rule, establish re-
quirements for color quality (CRI); power factor; oper-
ating frequency; and maximum allowable start time based 
on the requirements prescribed by the August 9, 2001, 
version of the Energy Star Program Requirements for 
Compact Fluorescent Lamps. The Secretary may, by rule, 
revise these requirements or establish other requirements
considering energy savings, cost effectiveness, and con-
sumer satisfaction. 
‘‘(cc) EFFECTIVE DATE.—Section 327 shall apply— 
‘‘(1) to products for which standards are to be 
established under subsections (u) and (v) on the 
date on which a final rule is issued by the Depart-
ment of Energy, except that any State or local 
standards prescribed or enacted for any such prod-
uct prior to the date on which such final rule is 
issued shall not be preempted until the standard es-
tablished under subsection (u) or (v) for that prod-
uct takes effect; and 
‘‘(2) to products for which standards are estab-
lished under subsections (w) through (bb) on the 
date of enactment of those subsections, except that 
any State or local standards prescribed or enacted 
prior to the date of enactment of those subsections 
shall not be preempted until the standards estab-
lished under subsections (w) through (bb) take ef-
fect.’’. 
(d) 
RESIDENTIAL
FURNACE
FANS.—Section 
325(f)(3) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(f)(3)) is amended by adding the following 
new subparagraph at the end:
‘‘(D) Notwithstanding any provision of this Act, the 
Secretary may consider, and prescribe, if the requirements 
of subsection (o) of this section are met, energy efficiency 
or energy use standards for electricity used for purposes 
of circulating air through duct work.’’. 
SEC. 134. ENERGY LABELING. 
(a) RULEMAKING ON EFFECTIVENESS OF CONSUMER 
PRODUCT LABELING.—Section 324(a)(2) 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 enact-
ment of this subparagraph, the Commission shall initiate 
a rulemaking to consider the effectiveness of the current 
consumer products labeling program in assisting con-
sumers in making purchasing decisions and improving en-
ergy efficiency and to consider changes to the labeling 
rules that would improve the effectiveness of consumer 
product labels. Such rulemaking shall be completed not 
later than 2 years after the date of enactment of this sub-
paragraph.’’. 
(b) RULEMAKING ON LABELING FOR ADDITIONAL 
PRODUCTS.—Section 324(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6294(a)) is further amended 
by adding at the end the following:
‘‘(5) The Secretary or the Commission, as appro-
priate, may, for covered products referred to in sub-
sections (u) through (aa) of section 325, prescribe, by rule, 
pursuant to this section, labeling requirements for such 
products after a test procedure has been set pursuant to 
section 323. In the case of products to which TP–1 stand-
ards under section 325(y) apply, labeling requirements 
shall be based on the ‘Standard for the Labeling of Dis-
tribution Transformer Efficiency’ prescribed by the Na-
tional Electrical Manufacturers Association (NEMA TP– 
3) as in effect upon the date of enactment of this para-
graph.’’. 
Subtitle D—Public Housing 
SEC. 141. 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 ca-
pabilities regarding the provision of energy efficient, 
affordable housing and residential energy conserva-
tion measures’’; and 
(2) in paragraph (2), by inserting before the 
semicolon the following: ‘‘, including such activities 
relating to the provision of energy efficient, afford-
109 
thermal Steam Act of 1970 (30 U.S.C. 1019) is amended 
to read as follows: 
‘‘SEC. 20. DISPOSAL OF MONEYS FROM SALES, BONUSES, 
RENTALS, AND ROYALTIES. 
‘‘(a) IN GENERAL.—Except with respect to lands in 
the State of Alaska, all monies received by the United 
States from sales, bonuses, rentals, and royalties under 
this Act shall be paid into the Treasury of the United 
States. Of amounts deposited under this subsection, sub-
ject to the provisions of section 35 of the Mineral Leasing 
Act (30 U.S.C. 191(b)) and section 5(a)(2) of this Act— 
‘‘(1) 50 percent shall be paid to the State with-
in the boundaries of which the leased lands or geo-
thermal resources are or were located; and 
‘‘(2) 25 percent shall be paid to the County 
within the boundaries of which the leased lands or 
geothermal resources are or were located. 
‘‘(b) USE OF PAYMENTS.—Amounts paid to a State 
or county under subsection (a) shall be used consistent 
with the terms of section 35 of the Mineral Leasing Act 
(30 U.S.C. 191).’’. 
(c) NEAR-TERM PRODUCTION INCENTIVE FOR EX-
ISTING LEASES.— 
(1) IN
GENERAL.—Notwithstanding section 
5(a) of the Geothermal Steam Act of 1970, the roy-
345 
shall issue regulations that implement the provisions 
of this subsection, including— 
‘‘(A) criteria to be used in determining the 
capacity of an Indian tribe described in para-
graph (2)(B)(i), including the experience of the 
Indian tribe in managing natural resources and 
financial and administrative resources available 
for use by the Indian tribe in implementing the 
approved tribal energy resource agreement of 
the Indian tribe; 
‘‘(B) a process and requirements in accord-
ance with which an Indian tribe may— 
‘‘(i) voluntarily rescind a tribal energy 
resource agreement approved by the Sec-
retary under this subsection; and 
‘‘(ii) return to the Secretary the re-
sponsibility to approve any future leases, 
business agreements, and rights-of-way de-
scribed in this subsection; 
‘‘(C) provisions setting forth the scope of, 
and procedures for, the periodic review and 
evaluation described in subparagraphs (D) and 
(E) of paragraph (2), including provisions for 
review of transactions, reports, site inspections,