Federal Government Energy Management Improvement Act

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1346 Reported in House (RH)]

Union Calendar No. 70
108th CONGRESS
1st Session
H. R. 1346

[Report No. 108-78, Part I]

To amend the Office of Federal Procurement Policy Act to provide an
additional function of the Administrator for Federal Procurement Policy
relating to encouraging Federal procurement policies that enhance
energy efficiency.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 19, 2003

Mr. Turner of Ohio introduced the following bill; which was referred to
the Committee on Government Reform

April 29, 2003

Reported with an amendment and referred to the Committee on Trans-
portation and Infrastructure for a period ending not later than June 2,
2003, for consideration of such provisions of the bill and amendment as
fall within the jurisdiction of that committee pursuant to clause 1(q),
rule X
[Strike out all after the enacting clause and insert the part printed
in italic]

June 2, 2003

Committee on Transportation and Infrastructure discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on March
19, 2003]

_______________________________________________________________________

A BILL

To amend the Office of Federal Procurement Policy Act to provide an
additional function of the Administrator for Federal Procurement Policy
relating to encouraging Federal procurement policies that enhance
energy efficiency.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Federal Government
Energy Management Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I--FEDERAL FACILITIES

Sec. 101. Energy management requirements.
Sec. 102. Energy use measurement and accountability.
Sec. 103. Energy savings performance contracts.
Sec. 104. Federal agency participation in demand reduction programs.

TITLE II--FEDERAL FLEETS

Sec. 201. Waivers of alternative fueled vehicle fueling requirement.
Sec. 202. Study on reducing petroleum consumption.
Sec. 203. Hybrid vehicles.

TITLE III--FEDERAL PROCUREMENT

Sec. 301. Procurement of energy efficient products.
Sec. 302. Increased use of recovered mineral component in federally
funded projects involving procurement of
cement or concrete.
Sec. 303. Participation of small business concerns.
Sec. 304. Amendment to Buy Indian Act.
Sec. 305. Buy American.

TITLE IV--FEDERAL WORKERS

Sec. 401. Telecommuting study.
Sec. 402. Elimination of pension offset.

TITLE I--FEDERAL FACILITIES

SEC. 101. 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 facility) 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.......................................          2
2005.......................................          4
2006.......................................          6
2007.......................................          8
2008.......................................         10
2009.......................................         12
2010.......................................         14
2011.......................................         16
2012.......................................         18
2013.......................................      20.''.
(2) Reporting baseline.--The energy reduction goals and
baseline established in paragraph (1) of section 543(a) of the
National Energy Conservation Policy Act, as amended by
paragraph (1) of this subsection, supersede all previous goals
and baselines under such paragraph, and related reporting
requirements.
(b) Review and Revision of Energy Performance Requirement.--Section
543(a) of the National Energy Conservation Policy Act (42 U.S.C.
8253(a)) is further amended by adding at the end the following:
``(3) Not later than December 31, 2012, the Secretary shall review
the results of the implementation of the energy performance requirement
established under paragraph (1) and submit to Congress recommendations
concerning energy performance requirements for fiscal years 2014
through 2023.''.
(c) Exclusions.--Section 543(c)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by striking
``An agency may exclude'' and all that follows through the end and
inserting ``(A) An agency may exclude, from the energy performance
requirement for a fiscal year established under subsection (a) and the
energy management requirement established under subsection (b), any
Federal building or collection of Federal buildings, if the head of the
agency finds that--
``(i) compliance with those requirements would be
impracticable;
``(ii) the agency has completed and submitted all federally
required energy management reports;
``(iii) the agency has achieved compliance with the energy
efficiency requirements of this Act, the Energy Policy Act of
1992, Executive Orders, and other Federal law; and
``(iv) the agency has implemented all practicable, 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 subparagraph (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 performance 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''; 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 enactment of this
paragraph, the Secretary shall issue guidelines that establish criteria
for exclusions under paragraph (1).''.
(f) Retention of Energy 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 Savings.--An agency may retain any funds
appropriated to that agency for energy expenditures, at buildings
subject to the requirements of section 543(a) and (b), that are not
made because of energy savings. Except as otherwise provided by law,
such funds may be used only for energy efficiency or unconventional and
renewable energy resources projects.''.
(g) 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 ``Congress''.
(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. 102. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.

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 accordance with
guidelines established by the Secretary 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, advanced 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
incorporated into existing Federal energy tracking systems 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 subsection, the
Secretary, in consultation with the Department of
Defense, the General Services Administration,
representatives from the metering industry, utility
industry, energy services industry, energy efficiency
industry, national laboratories, 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 submetering;
``(II) the extent to which metering
and submetering are expected to result
in increased potential for energy
management, increased potential for
energy savings and energy efficiency
improvement, and cost and energy
savings due to utility contract
aggregation; and
``(III) the measurement and
verification protocols of the
Department of Energy;
``(ii) include recommendations concerning
the amount of funds and the number of trained
personnel necessary to gather 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 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
requirements specified in paragraph (1) based
on the de minimis 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 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 responsible for
achieving the requirements and (B) demonstration by the agency,
complete with documentation, of any finding that advanced
meters or advanced metering devices, as defined in paragraph
(1), are not practicable.''.

SEC. 103. ENERGY SAVINGS PERFORMANCE CONTRACTS.

(a) Permanent Extension.--Section 801(c) of the National Energy
Conservation Policy Act (42 U.S.C. 8287(c)) is repealed.
(b) Replacement Facilities.--Section 801(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding at the
end the following new paragraph:
``(3)(A) In the case of an energy savings contract or energy
savings performance contract providing for energy savings through the
construction and operation of one or more buildings or facilities to
replace one or more existing buildings or facilities, benefits
ancillary to the purpose of such contract under paragraph (1) may
include savings resulting from reduced costs of operation and
maintenance at such replacement buildings or facilities when compared
with costs of operation and maintenance at the buildings or facilities
being replaced, established through a methodology set forth in the
contract.
``(B) Notwithstanding paragraph (2)(B), aggregate annual payments
by an agency under an energy savings contract or energy savings
performance contract referred to in subparagraph (A) may take into
account (through the procedures developed pursuant to this section)
savings resulting from reduced costs of operation and maintenance as
described in that subparagraph.''.
(c) Energy Savings.--Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as
follows:
``(2) The term `energy savings' means--
``(A) a reduction in the cost of energy or water,
from a base cost established through a methodology set
forth in the contract, used in an existing federally
owned building or buildings or other federally owned
facilities as a result of--
``(i) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services;
``(ii) 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
``(iii) the increased efficient use of
existing water sources; or
``(B) in the case of a replacement building or
facility described in section 801(a)(3), a reduction in
the cost of energy, from a base cost established
through a methodology set forth in the contract, that
would otherwise be utilized in one or more existing
federally owned buildings or other federally owned
facilities by reason of the construction and operation
of the replacement building or facility.''.
(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 contract (including a
utility energy services contract) which provides for--
``(A) the performance of services for the design,
acquisition, installation, testing, operation, and,
where appropriate, maintenance and repair, of an
identified energy or water conservation measure or
series of measures at one or more locations; or
``(B) energy savings through the construction and
operation of one or more buildings or facilities to
replace one or more existing buildings or facilities.
Such contracts shall, with respect to an agency facility that
is a public building as such term is defined in section 13(1)
of the Public Buildings Act of 1959 (40 U.S.C. 612(1)), be in
compliance with the prospectus requirements and procedures of
section 7 of the Public Buildings Act of 1959 (40 U.S.C.
606).''.
(e) 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 defined in
section 551(4) (42 U.S.C. 8259(4)); or
``(B) a water conservation measure that improves
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 hydroelectric facility.''.
(f) Review.--Within 180 days after the date of the enactment of
this section, 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 determining savings,
contracting requirements, and energy efficiency services covered. The
Secretary shall report these findings to the Committees on Energy and
Commerce and Government Reform of the House of Representatives and the
Committees on Energy and Natural Resources and Governmental Affairs 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. 104. FEDERAL AGENCY PARTICIPATION IN DEMAND REDUCTION PROGRAMS.

Section 546(c) of the National Energy Conservation Policy Act (42
U.S.C. 8256(c)) is amended by adding at the end of the following new
paragraph:
``(6) Federal agencies are encouraged to participate in State or
regional demand side reduction programs. The availability of such
programs, including measures employing onsite generation, and the
savings resulting from such participation, should be included in the
evaluation of energy options for Federal facilities.''.

TITLE II--FEDERAL FLEETS

SEC. 201. WAIVERS OF ALTERNATIVE FUELED VEHICLE FUELING REQUIREMENT.

Section 400AA(a)(3)(E) of the Energy Policy and Conservation Act
(42 U.S.C. 6374(a)(3)(E)) is amended to read as follows:
``(E)(i) Dual fueled vehicles acquired pursuant to this section
shall be operated on alternative fuels unless the Secretary determines
that an agency needs a waiver of such requirement for vehicles in the
fleet of the agency in a particular geographic area where--
``(I) the alternative fuel otherwise required to be used in
the vehicle is not reasonably available to retail purchasers of
the fuel, as certified to the Secretary by the head of the
agency; or
``(II) the cost of the alternative fuel otherwise required
to be used in the vehicle is unreasonably more expensive
compared to gasoline, as certified by the head of the agency.
``(ii) The Secretary shall monitor compliance with this
subparagraph by all such fleets and shall report annually to the
Congress on the extent to which the requirements of this subparagraph
are being achieved. The report shall include information on annual
reductions achieved of petroleum-based fuels and the problems, if any,
encountered in acquiring alternative fuels.''.

SEC. 202. STUDY ON REDUCING PETROLEUM CONSUMPTION.

(a) In General.--The Administrator of General Services, in
cooperation with the Secretary of Energy, shall conduct a study to
consider the merits of establishing performance measures to guide the
reduction of petroleum consumption by Federal fleets.
(b) Matters To Be Addressed.--The study shall assess the
feasibility of performance measures--
(1) to enable agency and congressional decisionmakers to
establish annual and long-term performance goals to define the
level of petroleum consumption reduction to be achieved by
Federal fleets;
(2) to improve the effectiveness and accountability of
Federal efforts to reduce petroleum consumption and dependency;
(3) to enhance decisionmaking by providing objective
information on achieving performance objectives; and
(4) to provide an alternative to the mandated alternative
fueled vehicle requirements in section 303 of the Energy Policy
Act of 1992 (42 U.S.C. 13212).
(c) Report.--Not later than 12 months after the date of enactment
of this Act, the Administrator shall submit to the Committees on
Environment and Public Works and Governmental Affairs of the Senate and
the Committees on Energy and Commerce and Government Reform of the
House of Representatives a report on the study.

SEC. 203. HYBRID VEHICLES.

(a) In General.--Section 303(b)(1) of the Energy Policy Act of 1992
(42 U.S.C. 13212(b)(1)) is amended by striking subparagraph (D) and the
matter after subparagraph (D) and inserting the following:
``(D) 75 percent in fiscal years 1999 through 2003,
shall be alternative fueled vehicles. For fiscal years 2004 and
thereafter, of the total number of vehicles acquired by a Federal
fleet, at least 75 percent shall be alternative fueled vehicles or
future technology vehicles.''.
(b) Exemption.--Such section 303(b) is further amended by adding at
the end the following new paragraph:
``(4) For the period for which a Federal fleet is operating under
the exemption provided in section 400AA(a)(3)(E) of the Energy Policy
and Conservation Act (42 U.S.C. 6374(a)(3)(E)), and where future
technology vehicles are available that would meet the agency's
operational requirements for such fleet but the agency chooses not to
acquire such vehicles, acquisitions of dual fueled vehicles for that
fleet shall not count toward satisfaction of the requirements in this
subsection.''.
(c) Definition.--Section 301 of such Act is amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and
by inserting a semicolon; and
(3) by adding at the end the following:
``(15) the term `future technology vehicle' means, for the
fiscal years 2004 through 2009, a qualified hybrid motor
vehicle, and for fiscal years after 2009, a vehicle--
``(A) that represents emerging technology that does
not yet have substantial market penetration;
``(B) for which Federal Government acquisitions can
lead the market;
``(C) that achieves significant reductions in air
emissions and oil use compared to new vehicles that do
have substantial market penetration; and
``(D) that in no event achieves reductions in air
emissions and oil use that are less than a qualified
hybrid motor vehicle,
as defined by the Secretary through guidance;
``(16) the term `qualified hybrid motor vehicle' means a
passenger automobile, light duty truck, or medium duty
passenger vehicle as defined in regulations issued by the
Administrator--
``(A) which draws propulsion energy from--
``(i) an internal combustion or heat engine
using combustible fuel; and
``(ii) a rechargeable onboard energy
storage system which operates at no less than
100 volts and which provides a percentage of
maximum available power of at least 5 percent;
``(B) which has received a certificate that such
vehicle meets or exceeds the Bin 5 Tier II emission
level established in regulations prescribed by the
Administrator under section 202(i) of the Clean Air Act
for that make and model year vehicle; and
``(C) which achieves at least 140 percent of the
average 2002 model year city fuel economy for passenger
automobiles in the same vehicle inertia weight class,
if the vehicle is a passenger automobile, or for light
duty trucks in the same vehicle inertia weight class,
if the vehicle is a light duty truck, or for medium
duty passenger vehicles, if the vehicle is a medium
duty passenger vehicle, as determined by the
Environmental Protection Agency according to the
following vehicle inertia weight classes: 1,500 and
1,750 lbs (calculated based on the 1,750 lbs weight
class), 2,000 lbs, 2,250 lbs, 2,500 lbs, 2,750 lbs,
3,000 lbs, 3,500 lbs, 4,000 lbs, 4,500 lbs, 5,000 lbs,
5,500 lbs, 6,000 lbs, 6,500 lbs, 7,000 to 8,500 lbs,
and 8,500 to 10,000 lbs;
``(17) the term `percentage of maximum available power'
means the maximum power available from the rechargeable energy
storage system, during a standard 10 second pulse power or
equivalent test, divided by the sum of such maximum power and
the SAE net power of the internal combustion or heat engine;
and
``(18) the term `vehicle inertia weight class' has the same
meaning as when defined in regulations prescribed by the
Administrator for purposes of the administration of title II of
the Clean Air Act (42 U.S.C. 7521 et seq.).''.
(d) Allocation of Incremental Costs.--Subsection (c) of such
section 303 is amended to read as follows:
``(c) Allocation of Incremental Costs.--The General Services
Administration and any other Federal agency that procures motor
vehicles for distribution to other Federal agencies shall allocate the
incremental cost of alternative fueled vehicles and future technology
vehicles over the cost of comparable internal combustion gasoline
vehicles across the entire fleet of motor vehicles distributed by such
agency in any fiscal year.''.

TITLE III--FEDERAL PROCUREMENT

SEC. 301. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

(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 `Energy Star product'
means a product that is rated for energy efficiency under an
Energy Star program.
``(2) Energy star program.--The term `Energy 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).
``(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 Products.--
``(1) Requirement.--To meet the requirements of an
executive agency for an energy consuming 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.
``(2) Exceptions.--The head of an executive agency is not
required to procure an Energy Star product or FEMP designated
product under paragraph (1) if the head of the executive agency
finds in writing that--
``(A) an Energy Star product or FEMP designated
product is not cost-effective over the life of the
product taking energy cost savings into account; or
``(B) no Energy Star product or FEMP designated
product is reasonably available that meets the
functional requirements of the executive agency.
``(3) Procurement planning.--The head of an executive
agency shall incorporate into the specifications for all
procurements involving energy consuming products and systems,
including guide specifications, project specifications, and
construction, renovation, and services contracts that include
provision of energy consuming 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 products and FEMP designated products shall be clearly
identified and prominently displayed in any inventory or listing of
products by the General Services Administration or the Defense
Logistics Agency. The General Services Administration or the Defense
Logistics Agency shall supply only Energy Star products or FEMP
designated products for all product 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 account.
``(d) Designation of Electric Motors.--In the case of electric
motors of 1 to 500 horsepower, agencies shall select only premium
efficient motors that meet a standard designated by the Secretary. The
Secretary shall designate such a standard within 120 days after the
date of the enactment of this section, after considering the
recommendations of associated electric motor manufacturers and energy
efficiency groups.
``(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 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 procurement of energy efficient products.''.

SEC. 302. INCREASED USE OF RECOVERED MINERAL COMPONENT 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 adding at the end the following new
section:

``increased use of recovered mineral component in federally funded
projects involving procurement 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 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.
``(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 byproduct
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 Administrator 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 cement 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 greater use of recovered
mineral component in cement or concrete projects for which
recovered mineral components 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 cooperation with
the Secretary of Transportation and the Secretary of Energy,
shall conduct a study to determine the extent to which current
procurement requirements, 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 recovered
mineral components are being substituted for Portland
cement, particularly as a result of current procurement
requirements, and the energy savings and environmental
benefits associated with that substitution;
``(B) identify all barriers in procurement
requirements to fuller 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 mineral component in
types of cement or concrete projects for which
recovered mineral components historically have not been
used or have been used only minimally;
``(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substitution
rates of recovered mineral component in those cement or
concrete projects; and
``(iii) identify any potential environmental or
economic effects that may result from greater
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 Administrator shall submit to
the Committee on Appropriations, Committee on Environment and
Public Works, and Committee on Governmental Affairs of the
Senate and the Committee on Appropriations, Committee on Energy
and Commerce, Committee on Transportation and Infrastructure,
and Committee on Government Reform of the House of
Representatives 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 Administrator and each agency head shall, within 1 year of
the release of the report in accordance with subsection (c)(3), take
additional actions authorized under this Act to establish procurement
requirements and incentives 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 subsection (c).
``(e) Effect of Section.--Nothing in this section affects the
requirements of section 6002 (including the guidelines and
specifications for implementing those requirements).''.
(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 following new item:

``Sec. 6005. Increased use of recovered mineral component in federally
funded projects involving procurement of
cement or concrete.''.

SEC. 303. PARTICIPATION OF SMALL BUSINESS CONCERNS.

(a) Sense of Congress.--It is the sense of Congress that an Alaska
natural gas transportation project will provide significant economic
benefits to the United States and Canada. In order to maximize those
benefits, Congress urges the sponsors of the pipeline project to
maximize, to the maximum extent practicable, the participation of small
business concerns in contracts and subcontracts awarded in carrying out
the project.
(b) Study.--
(1) In general.--The Comptroller General shall conduct a
study on the extent to which small business concerns
participate in the construction of oil and gas pipelines in the
United States.
(2) Report.--Not later that 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to Congress a report containing the results of the study.
(3) Updates.--The Comptroller General shall update the
study at least once every 5 years and transmit to Congress a
report containing the results of the update.
(4) Applicability.--After the date of completion of the
construction of an Alaska natural gas transportation project,
this subsection shall no longer apply.
(c) Small Business Concern Defined.--In this section, the term
``small business concern'' has the meaning given such term in section
3(a) of the Small Business Act (15 U.S.C. 632(a)).

SEC. 304. AMENDMENT TO BUY INDIAN ACT.

Section 23 of the Act of June 25, 1910 (25 U.S.C. 47; commonly
known as the ``Buy Indian Act'') is amended by inserting ``energy
products, and energy by-products,'' after ``printing,''.

SEC. 305. BUY AMERICAN.

It is the sense of Congress that no purchase of supplies, other
than for the construction, alteration, or repair of any public building
or public work in the United States, should be made from a person or
entity found in violation of a certificate provided by the person or
entity pursuant to the Buy American Act (41 U.S.C. 10a-10c).

TITLE IV--FEDERAL WORKERS

SEC. 401. TELECOMMUTING STUDY.

(a) Study Required.--The Secretary, in consultation with the
Commission, the Director of the Office of Personnel Management, the
Administrator of General Services, and the Administrator of NTIA, shall
conduct a study of the energy conservation implications of the
widespread adoption of telecommuting by Federal employees in the United
States.
(b) Required Subjects of Study.--The study required by subsection
(a) shall analyze the following subjects in relation to the energy
saving potential of telecommuting by Federal employees:
(1) Reductions of energy use and energy costs in commuting
and regular office heating, cooling, and other operations.
(2) Other energy reductions accomplished by telecommuting.
(3) Existing regulatory barriers that hamper telecommuting,
including barriers to broadband telecommunications services
deployment.
(4) Collateral benefits to the environment, family life,
and other values.
(c) Report Required.--The Secretary shall submit to the President
and the Congress a report on the study required by this section not
later than 6 months after the date of the enactment of this Act. Such
report shall include a description of the results of the analysis of
each of the subject described in subsection (b).
(d) Definitions.--As used in this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration of the
Department of Commerce.
(4) Telecommuting.--The term ``telecommuting'' means the
performance of work functions using communications
technologies, thereby eliminating or substantially reducing the
need to commute to and from traditional worksites.
(5) Federal employee.--The term ``Federal employee'' has
the meaning provided the term ``employee'' by section 2105 of
title 5, United States Code.

SEC. 402. ELIMINATION OF PENSION OFFSET.

Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is
amended by adding at the end the following:
``y. exempt from the application of sections 8344 and 8468
of title 5, United States Code, an annuitant who was formerly
an employee of the Commission who is hired by the Commission as
a consultant, if the Commission finds that the annuitant has a
skill that is critical to the performance of the duties of the
Commission.''.

Union Calendar No. 70

108th CONGRESS

1st Session

H. R. 1346

[Report No. 108-78, Part I]

_______________________________________________________________________

A BILL

To amend the Office of Federal Procurement Policy Act to provide an
additional function of the Administrator for Federal Procurement Policy
relating to encouraging Federal procurement policies that enhance
energy efficiency.

_______________________________________________________________________

June 2, 2003

Committee on Transportation and Infrastructure discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed