[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1533 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1533

     To ensure jobs for our future with secure and reliable energy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2005

 Mr. Tom Davis of Virginia (for himself and Mr. Waxman) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
     To ensure jobs for our future with secure and reliable energy.

    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 Energy 
Management Improvement Act of 2005''.
    (a) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--ENERGY EFFICIENCY

Sec. 102. Energy management requirements.
Sec. 104. Procurement of energy efficient products.
Sec. 105. Energy Savings Performance Contracts.
                       TITLE II--RENEWABLE ENERGY

Sec. 203. Federal purchase requirement.
                       TITLE VI--NUCLEAR MATTERS

Sec. 624. Elimination of pension offset.
Sec. 632. Whistleblower protection.
                     TITLE VII--VEHICLES AND FUELS

Sec. 701. Use of alternative fuels by dual-fueled vehicles.
Sec. 704. Incremental cost allocation.
Sec. 707. Report concerning compliance with alternative fueled vehicle 
                            purchasing requirements.
                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

Sec. 1001. Additional Assistant Secretary position.
Sec. 1002. Other transactions authority.
                           TITLE XVI--STUDIES

Sec. 1606. Telecommuting study.

                       TITLE I--ENERGY EFFICIENCY

SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.

    (a) Energy Reduction Goals.--
            (1) Amendment.--Section 543(a)(1) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8253(a)(1)) is amended by 
        striking ``its Federal buildings so that'' and all that follows 
        through the end and inserting ``the Federal buildings of the 
        agency (including each industrial or laboratory facility) so 
        that the energy consumption per gross square foot of the 
        Federal buildings of the agency in fiscal years 2006 through 
        2015 is reduced, as compared with the energy consumption per 
        gross square foot of the Federal buildings of the agency in 
        fiscal year 2003, by the percentage specified in the following 
        table:

``Fiscal Year                                      Percentage reduction
  
        2006...................................................      2 
        2007...................................................      4 
        2008...................................................      6 
        2009...................................................      8 
        2010...................................................     10 
        2011...................................................     12 
        2012...................................................     14 
        2013...................................................     16 
        2014...................................................     18 
        2015...................................................  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 (42 U.S.C. 8253(a)(1)), 
        as amended by 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, 2014, 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 2016 
through 2025.''.
    (c) Exclusions.--Section 543(c)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(c)(1)) is amended by striking 
``An agency may exclude'' and all that follows through the end and 
inserting ``(A) An agency may exclude, from the energy performance 
requirement for a fiscal year established under subsection (a) and the 
energy management requirement established under 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'';
            (2) by striking ``a finding of impracticability'' and 
        inserting ``the exclusion''; and
            (3) by striking ``energy consumption requirements'' and 
        inserting ``requirements of subsections (a) and (b)(1)''.
    (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 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 Savings.--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. Except as otherwise 
provided by law, such funds may be used only for energy efficiency, 
water conservation, 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. 104. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    (a) Requirements.--Part 3 of title V of the National 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 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) Specific Products.--(1) 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 not later than 120 days after the date of the 
enactment of this section, after considering the recommendations of 
associated electric motor manufacturers and energy efficiency groups.
    ``(2) All Federal agencies are encouraged to take actions to 
maximize the efficiency of air conditioning and refrigeration 
equipment, including appropriate cleaning and maintenance, including 
the use of any system treatment 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 environmentally safe; and
            ``(C) shown to increase seasonal energy efficiency 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 
        adverse 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 contents 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) Limitations.--
            (1) In general.--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 subparagraph:
    ``(E) All Federal agencies combined may not, after the date of 
enactment of the Energy Policy Act of 2005, enter into more than a 
total of 100 contracts under this title. Payments made by the Federal 
Government under all contracts permitted by this subparagraph combined 
shall not exceed a total of $500,000,000. Each Federal agency shall 
appoint a coordinator for Energy Savings Performance Contracts with the 
responsibility to monitor the number of such contracts for that Federal 
agency and the investment value of each contract. The coordinators for 
each Federal agency shall meet monthly to ensure that the limits 
specified in this subparagraph on the number of contracts and the 
payments made for the contracts are not exceeded.''.
            (2) Definition.--Section 804(1) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287c(1)) is amended to read 
        as follows:
            ``(1) The term `Federal agency' means the Department of 
        Defense, the Department of Veterans Affairs, and the Department 
        of Energy. ''.
            (3) Validity of contracts.--The amendments made by this 
        subsection shall not affect the validity of contracts entered 
        into under title VIII of the National Energy Conservation 
        Policy Act (42 U.S.C. 8287 et seq.) before the date of 
        enactment of this Act, or of contracts described in subsection 
        (h).
    (b) Permanent Extension.--Effective October 1, 2006, section 801(c) 
of the National Energy Conservation Policy Act (42 U.S.C. 8287(c)) is 
repealed.
    (c) Payment of Costs.--Section 802 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting ``, 
water, or wastewater treatment'' after ``payment of energy''.
    (d) Energy Savings.--Section 804(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as 
follows:
            ``(2) The term `energy savings' means a reduction in the 
        cost of energy, water, or wastewater treatment, from a base 
        cost established through a methodology set forth in the 
        contract, used in an existing 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 recovery, 
                excluding any cogeneration process for other than a 
                federally owned building or buildings or other 
                federally owned facilities; or
                    ``(C) the increased efficient use of existing water 
                sources in either interior or exterior applications.''.
    (e) 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 that provides for 
        the performance of services for the design, acquisition, 
        installation, testing, and, where appropriate, operation, 
        maintenance, and repair, of an identified energy or water 
        conservation measure or series of measures at 1 or more 
        locations. Such contracts shall, with respect to an agency 
        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 requirements and procedures of section 3307 
        of title 40, United States Code.''.
    (f) 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; 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 treatment of 
                wastewater or stormwater, improvements in operation or 
                maintenance efficiencies, retrofit activities, or other 
                related activities, not at a Federal hydroelectric 
                facility.''.
    (g) 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 determining savings, 
contracting requirements, including the identification of additional 
qualified contractors, and energy efficiency services covered. The 
Secretary shall report these findings to Congress 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.
    (h) Extension of Authority.--Any energy savings performance 
contract entered into under section 801 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287) after October 1, 2006, 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.

                       TITLE II--RENEWABLE ENERGY

SEC. 203. FEDERAL PURCHASE REQUIREMENT.

    (a) Requirement.--The President, acting through the Secretary of 
Energy, shall seek to ensure that, to the extent economically feasible 
and technically practicable, of the total amount of electric energy the 
Federal Government consumes during any fiscal year, the following 
amounts shall be renewable energy:
            (1) Not less than 3 percent in fiscal years 2007 through 
        2009.
            (2) Not less than 5 percent in fiscal years 2010 through 
        2012.
            (3) Not less than 7.5 percent in fiscal year 2013 and each 
        fiscal year thereafter.
    (b) Definitions.--In this section:
            (1) Biomass.--The term ``biomass'' means any solid, 
        nonhazardous, cellulosic material that is derived from--
                    (A) any of the following forest-related resources: 
                mill residues, precommercial thinnings, slash, and 
                brush, or nonmerchantable material;
                    (B) solid wood waste materials, including waste 
                pallets, crates, dunnage, manufacturing and 
                construction wood wastes (other than pressure-treated, 
                chemically-treated, or painted wood wastes), and 
                landscape or right-of-way tree trimmings, but not 
                including municipal solid waste (garbage), gas derived 
                from the biodegradation of solid waste, or paper that 
                is commonly recycled;
                    (C) agriculture wastes, including orchard tree 
                crops, vineyard, grain, legumes, sugar, and other crop 
                by-products or residues, and livestock waste nutrients; 
                or
                    (D) a plant that is grown exclusively as a fuel for 
                the production of electricity.
            (2) Renewable energy.--The term ``renewable energy'' means 
        electric energy generated from solar, wind, biomass, landfill 
        gas, geothermal, municipal solid waste, or new hydroelectric 
        generation capacity achieved from increased efficiency or 
        additions of new capacity at an existing hydroelectric project.
    (c) Calculation.--For purposes of determining compliance with the 
requirement of this section, the amount of renewable energy shall be 
doubled if--
            (1) the renewable energy is produced and used on-site at a 
        Federal facility;
            (2) the renewable energy is produced on Federal lands and 
        used at a Federal facility; or
            (3) the renewable energy is produced on Indian land as 
        defined in title XXVI of the Energy Policy Act of 1992 (25 
        U.S.C. 3501 et. seq.) and used at a Federal facility.
    (d) Report.--Not later than April 15, 2007, and every 2 years 
thereafter, the Secretary of Energy shall provide a report to Congress 
on the progress of the Federal Government in meeting the goals 
established by this section.

                       TITLE VI--NUCLEAR MATTERS

SEC. 624. 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.''.

SEC. 632. WHISTLEBLOWER PROTECTION.

    (a) Definition of Employer.--Section 211(a)(2) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and'' and
            (3) by adding at the end the following:
                    ``(E) a contractor or subcontractor of the 
                Commission.''.
    (b) De Novo Review.--Subsection (b) of such section 211 is amended 
by adding at the end the following new paragraph:
            ``(4) If the Secretary has not issued a final decision 
        within 540 days after the filing of a complaint under paragraph 
        (1), and there is no showing that such delay is due to the bad 
        faith of the person seeking relief under this paragraph, such 
        person may bring an action at law or equity for de novo review 
        in the appropriate district court of the United States, which 
        shall have jurisdiction over such an action without regard to 
        the amount in controversy.''.

                     TITLE VII--VEHICLES AND FUELS

SEC. 701. USE OF ALTERNATIVE FUELS BY DUAL-FUELED VEHICLES.

    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 qualifies for a waiver of such requirement for vehicles 
operated by the agency in a particular geographic area in which--
            ``(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 to the Secretary by the head 
        of the agency.
    ``(ii) The Secretary shall monitor compliance with this 
subparagraph by all such fleets and shall report annually to Congress 
on the extent to which the requirements of this subparagraph are being 
achieved. The report shall include information on annual reductions 
achieved from the use of petroleum-based fuels and the problems, if 
any, encountered in acquiring alternative fuels.''.

SEC. 704. INCREMENTAL COST ALLOCATION.

    Section 303(c) of the Energy Policy Act of 1992 (42 U.S.C. 
13212(c)) is amended by striking ``may'' and inserting ``shall''.

SEC. 707. REPORT CONCERNING COMPLIANCE WITH ALTERNATIVE FUELED VEHICLE 
              PURCHASING REQUIREMENTS.

    Section 310(b)(1) of the Energy Policy Act of 1992 (42 U.S.C. 
13218(b)(1)) is amended by striking ``1 year after the date of 
enactment of this subsection'' and inserting ``February 15, 2006''.

                TITLE X--DEPARTMENT OF ENERGY MANAGEMENT

SEC. 1001. ADDITIONAL ASSISTANT SECRETARY POSITION.

    (a) Additional Assistant Secretary Position to Enable Improved 
Management of Nuclear Energy Issues.--
            (1) In general.--Section 203(a) of the Department of Energy 
        Organization Act (42 U.S.C. 7133(a)) is amended by striking 
        ``six Assistant Secretaries'' and inserting ``7 Assistant 
        Secretaries''.
            (2) Sense of congress.--It is the sense of Congress that 
        the leadership for departmental missions in nuclear energy 
        should be at the Assistant Secretary level.
    (b) Technical and Conforming Amendments.--
            (1) Title 5.--Section 5315 of title 5, United States Code, 
        is amended by striking ``Assistant Secretaries of Energy (6)'' 
        and inserting ``Assistant Secretaries of Energy (7)''.
            (2) Department of energy organization act.--The table of 
        contents for the Department of Energy Organization Act (42 
        U.S.C. 7101 note) is amended--
                    (A) by striking ``Section 209'' and inserting 
                ``Sec. 209'';
                    (B) by striking ``213.'' and inserting ``Sec. 
                213.'';
                    (C) by striking ``214.'' and inserting ``Sec. 
                214.'';
                    (D) by striking ``215.'' and inserting ``Sec. 
                215.''; and
                    (E) by striking ``216.'' and inserting ``Sec. 
                216.''.

SEC. 1002. OTHER TRANSACTIONS AUTHORITY.

    Section 646 of the Department of Energy Organization Act (42 U.S.C. 
7256) is amended by adding at the end the following:
    ``(g)(1) In addition to other authorities granted to the Secretary 
under law, the Secretary may enter into other transactions on such 
terms as the Secretary may deem appropriate in furtherance of research, 
development, or demonstration functions vested in the Secretary. Such 
other transactions shall not be subject to the provisions of section 9 
of the Federal Nonnuclear Energy Research and Development Act of 1974 
(42 U.S.C. 5908) or section 152 of the Atomic Energy Act of 1954 (42 
U.S.C. 2182).
    ``(2)(A) The Secretary shall ensure that--
            ``(i) to the maximum extent the Secretary determines 
        practicable, no transaction entered into under paragraph (1) 
        provides for research, development, or demonstration that 
        duplicates research, development, or demonstration being 
        conducted under existing projects carried out by the 
        Department;
            ``(ii) to the extent the Secretary determines practicable, 
        the funds provided by the Government under a transaction 
        authorized by paragraph (1) do not exceed the total amount 
        provided by other parties to the transaction; and
            ``(iii) to the extent the Secretary determines practicable, 
        competitive, merit-based selection procedures shall be used 
        when entering into transactions under paragraph (1).
    ``(B) A transaction authorized by paragraph (1) may be used for a 
research, development, or demonstration project only if the Secretary 
makes a written determination that the use of a standard contract, 
grant, or cooperative agreement for the project is not feasible or 
appropriate.
    ``(3)(A) The Secretary shall protect from disclosure, including 
disclosure under section 552 of title 5, United States Code, for up to 
5 years after the date the information is received by the Secretary--
            ``(i) a proposal, proposal abstract, and supporting 
        documents submitted to the Department in a competitive or 
        noncompetitive process having the potential for resulting in an 
        award under paragraph (1) to the party submitting the 
        information; and
            ``(ii) a business plan and technical information relating 
        to a transaction authorized by paragraph (1) submitted to the 
        Department as confidential business information.
    ``(B) The Secretary may protect from disclosure, for up to 5 years 
after the information was developed, any information developed pursuant 
to a transaction under paragraph (1) which developed information is of 
a character that it would be protected from disclosure under section 
552(b)(4) of title 5, United States Code, if obtained from a person 
other than a Federal agency.
    ``(4) Not later than 90 days after the date of enactment of this 
subsection, the Secretary shall prescribe guidelines for using other 
transactions authorized by paragraph (1). Such guidelines shall be 
published in the Federal Register for public comment under rulemaking 
procedures of the Department.
    ``(5) The authority of the Secretary under this subsection may be 
delegated only to an officer of the Department who is appointed by the 
President by and with the advice and consent of the Senate and may not 
be delegated to any other person.
    ``(6)(A) Not later than September 31, 2006, the Comptroller General 
of the United States shall report to Congress on the Department's use 
of the authorities granted under this section, including the ability to 
attract nontraditional government contractors and whether additional 
safeguards are needed with respect to the use of such authorities.
    ``(B) In this section, the term `nontraditional Government 
contractor' has the same meaning as the term `nontraditional defense 
contractor' as defined in section 845(e) of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 
2371 note).''.

                           TITLE XVI--STUDIES

SEC. 1606. 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 Congress a report on the study required by this section not later 
than 6 months after the date of 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.
                                 <all>