ROUTING AND RECORD SHEET

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01332R001100120011-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 27, 2016
• Document Release Date: January 26, 2012
• Sequence Number: 11
• Publication Date: July 9, 1986
• Content Type: FORM

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1 ~1 7 a
FROM:
William F. Donnelly
Deputy Director for Administration
TO: (OfRcer deugnabon. ?oom number, and
budd!ng)
RECEIvEo
D RECORD SH
OFFICER'S
INITIALS
DDLA Ee$i st
86-13,1
9 July 1986
COMMENTS Number each comment to show from whore
to whom. Draw a tine across column after each comment.)
On 24 June a few of us met
with Ed Slattery. He promised
to provide us a copy of the law
under which we could get involved
in a program sponsored by him.
This law is attached. Please
have the lawyers determine if it's
legal for us to be involved. Let
me know the results. If it's
legal, let's seriously consider
giving his company an opportunity
to demonstrate on paper what
savings we might gain by doing
business with him.
STAT
STAT
STAT
FORM 610 USE PREVIOUS
1.79 EDITIONS
William F. Donnelly
Attachment:
As stated
ORIG:DDA:WFDonnelly:be
Distribution:
0 - PRS Adse w/att.
1 - DDA Subj w/att.
1 - WFD Chrono w/o att.
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', -~e~~ Ze4.,~2.
9G
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National Energy
Conservation
Policy Act.
For l.cgislnli;?e Hislnrp of Act, see p. 8114
An Act for the relief of Jack R. Mlener.
PUBLIC LAW 95-619 [H.R. 50371; Nov. 9,1978
NATIONAL ENERGY CONSERVATION POLICY
United State-8 vueo vl stepreaentativa o f
o f America in Congress assembled, Sq
cy
c
.
(b) TABLE OF CONTENTS.-
TITLE I-GENERAL PROVISIONS
(al Shows TITLE.-This Act may be cited Conservation as the "National Conservation Poli
A
t"
TITLE
-"r lv r.1MAL PROVISIONS' I ?~`
I
PART 3-SECaNDARY FINANCING AND LOAN INSURANCE roe ENERo7.Cost
Sec. 232. Farmers Home Administration weatherizaationogrant program.
See. 233. Availability of labor.
PAar 2-WEATHEIIEATION GRANTS FOR THE BENEFIT or Low-INCOMST,
.
S ec. 218. Temporary programs.
Sec. 219. Federal standby authority.
Sec. 220. Relationship to other laws.
Sec. 221. Rules.
Sec. 222. Product standards.
See. 223. Authorization of appropriations.
Sec. 224. Report on energy conservation In apartment buildings.
Sec. 225. Federal Trade Commission study and report.
Sec. 216. Suppb.-inetallejon, and financing by public utilities. J7
Sec. 217. Home heating supplier programs
Sec. 214. Plan requirements for nonregulated utilities and home het
pliers. flat am.
Sec. 212. Rules of Secretary for submission and approval of plant.
Sec. 213. Requirements fnr .r#.+..^
PART 1-UTILITY PROGRAM
TITLE II-RESIDENTIAL ENERGY CONSERVATION;.`'`1 t1
oec. zvn. secondary financing by Federal Home Loan Mortgage Corpoeii9
solar energy and energy conserving improvement loan. t
840-, 246- Secondary financing by Federal National Mortgage Association tl[
energy s na on.r......~r_
Sea 244. Pnrcbam by Government Natona
improvements. Association of
Sec. 243. Standby authority of Government National Mortgage A
ity of Gov
Purchase loan- f
ertmeut National Mortgage Association of
low- and moderate-income families for energy conserving
menta.
??? --sy wuservmg improvements and solar
systems under title I of the National Housing Act.
Sec. 242. Purchase by Gov
0,247.
lee. R4a
?.251.
Bet. 252?
Loan insurance for energy conserving improvements and solar energy
systems in multifamily projects under section 241 of the rational
Housing Act.
Increase in mortgage limits to cover costs of solar energy systems.
PArr 4-MIISCEU.ANROUS
Energy-conserving improvements for assisted housing.
Energy conserving standards for newly constructed residential housing
insured by Federal llonsing Administration or assisted by Farmers
Home Administration.
Residential energy efficiency standards study.
Weatherization study.
Authorization for appropriations for new building performance stand-
ards grants.
7,E III-ENERGY CONSERVATION PROGRAMS FOR SCHOOLS AND
110SpITALS AND
AND PUBLIC CARE UNITS OF LOCAL CAVERN-
PART 1-SCHOOLS AND IiOSFITALB
SK, 301. Statement of findings and purposes.
Sse 802. Amendment to the Energy Policy and Conservation Act.
MS. Technical amendments.
304. Cross reference.
PAST 2r-UNrra or LooAI: GOVERNMENT AND PUILIO CAn1 INRITDTIONs
gee. 310. Statement of findings and purposes.
W- $11. Amendment to the Energy tic and Conservation Act.
gar. 312. Application
TITLE IV-ENERGY EFFICIENCY OF CERTAIN PRODUCTS AND
PROCESSES
PART 1-ENERGY EFRCIENCY STANDARDS trot AvroMosuza
Sec. 401. Fuel economy information.
Sec. 402. Civil penalties relating to automobile fuel efilclency.
Sec. 403. Disclosure in labeling.
Sec. 404. Study.
pAe 2-ENERGY EmcrzlgCY STANDARDS FOR CoNSUMIM PRODUCTS OTHER THAN
AWroMoBILEs
Bee. 421. Test procedures.
Bee. 422. Energy efficiency standards.
Be- 423. Assessment of civil penalties.
Bea 424. Effect of standards on other laws.
Bea 425. Technical and conforming amendments.
Bee. 426. Appropriations authorization.
Sea 427. Effects of other laws on procedures.
PART 9-ENEaoy EmcIENcY or INDusTauL EgvnpinrT
Bee. 441. Energy efficiency of Industrial equipment.
Parr 4-ENreor Emcmxcy sY Um or Rrcovra n MATxuAU
Bee. 461. Use of recovered materials.
TITLE V-FEDERAL ENERGY INITIATIVES
PART 1-EErcunra AazNcv CONSERVATION Pun
See. 501. Conservation plan authorization.
PAST 2-DRMON91UTION or 80111 HEATING AND CoouNo IN FrfERAI. RUILDING@
Bee, 621. Dednltions.
See. 522. Federal solar program.
92 STAT. 3207
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 Declassified in Part - Sanitized Copy Approved for Release
See. -+? authorizaliml of 8I'proiris tions.
PART 3-i':NEROT CONSr.RTATION AND SOLAR 1';NERGr IN FEDERAL BUILDS o.. 43
.Il. Fbxlings.
`Sec. 543. l'urlose.
Se' 544. Ikfinitions.
14
545- ~u'~I~Islwi ut and use of We cycle cost wethnl.
e
ergy
co
sgeucles
.
nserving Improvements by Pederaf
See.55i0. Retorts.
'' ' ]?
Anthorlrntion of appropriations.
set 561.
S
PART 4-FEOrRAL PHOTOVOLTAIC
Short title of part.
ec. 562.
Definitions,
See. 563.
Se
66
Photovoltaic energy program
c.
4.
S
Purpose of program.
ee. 307"
S
Acquisition of systems
ee. 506.
Sec
5
7
.
Adudulstr tl on.
.
.
6
Sec. 5M.
S
SyRtem evaluation and Purchase program.
Advisory committee
ec. 560?
Authorization of appropriations.
P
ART 1-INDUSTRIAL ENERGY EmCIRNOr RRPoaTrlro
Sec. 601
.
Ind
as
M
a, ener
ffi
i
gy e
c
ency reporting.
PART 2-STATE ENtRar CONSERVATION PLrNR
Sec. 021. State energy conservation plans.
Sec. 022. Supplemental State energy conservation plans.
Sec 623. Report on coordination of energy conservation programs.
PART 3--b11xoa1TY ECONOMIC IMPACT
Sec. 641. Minority economic impact.
PART 4--CONSERVATION or NATIONAL COAL RRaouleza
See. 001
.
M
aj
or
f
uel bur
i
n
ng stationary source.
PART 5-STUDIES
Sec. 681. Oft-highway motor vehicles
See. 6
s2. Bicycle study.
Sec? 683. Second law efficiency study.
PART 6-TCCH1!IOAL AMRNDMRNTS
Sec. 691. Definition of Administrator.
SEC. 102. FINDINGS AND STATEMENT OF PURPOSES,
(a) FiN-Dixos.-The C."gress s:
J_,1
n
incre
coerces an energy shortage arising
e
n
g
~
td
d
St
a
t
p
lie
s
arty for oil and alt
gas, and insufficient domestic s p
promptly taken by the F
..
a
Of demand for energy, the United States will uce o rate ofStp
lncrrtiNl`Ii
92 STAT. 3208
See..S4v ? uidirroetting of existing Federal buildings, I
Leased Federal buldings,
Set..
549. Budget treatment of
n
(2) unless effective measures are
TITLE VI-ADDITIONAL ENERGY-RELATED MEASURES ': t
) th
i
deptmdent on the world oil market, increasingly vulnerable to
interruptions of foreign oil supplies, and unable to provide the
energy to meet flltlir' litetls; and
(3) all st'etnhl of our Nation'; ec nwnly mast begin inuuediately
to signitirsiltl?v reduce the deniand for no irenewable energy
resources such as oil and natural gas by implementing and main-
taining effective conservation measures for the efficient use of
these and other energy sources.
(b) STATEMENT (}' Pt7re(ii*.$.-The purlx)ses of this Act are to pro-
vide for the regulation of interstate commerce, to reduce the growth
in demand for energy in the United States, and to conserve nonrenew-
able cner;.!y resources produced in this Nation and elsewhere, without
inhibiting ix'neficial economic growth.
TITLE II-RESIDENTIAL ENERGY
CONSERVATION
PART 1-UTILITY PROGRAM
SEC. 210. DEFINITIONS.
As used in this title-
(1) The term "Secretary" means the Secretary of Energy.
(2) The term "load management, technique" means any tech-
nique to reduce the maximum kilowatt demand on an electric
utility, including ripple or radio control mechanisms, or other
types of interruptible electric service, energy storage devices, and
load limiting devices.
(3) The term "natural gas" means natural gas as defined in the
Natural Gas Act.
(4) The term "public utility" means any person, State agency,
or Federal agency which is engaged in the business of selling natu-
ral gas or electric energy. or both, to residential customers for use
in a residential building,
(5) The tern) "regulated utility" means a public utility with
respect to whose rates it State regulatory authority has rate-
making authority.
(6) The term "nonregulated utility" means a public utility
which is not a regulated utility.
(7) The term "rate" means any price, tote, charge, or classifi-
cation made, demanded, observed, or received with respect to sales
of electric energy or natural lnas, any- rule, regulation. or practice
respecting any such rate, charge, or classification, and any con-
tract pertaining to the sale of electric energy or natural gas.
(8) The term "ratemaking authority" means authority to fix,
modify, approve, or disapprove rates.
(9) The term "residential building" means any building used
for residential occupancy which-
(A) is not a new building to which final standards under
sections 304(a) and 305 of the Energy Conservation and
Production Art ap sly,
(B) contains at least one, but no more than four, dwelling
units, and
(10) ('Ihehterm system for cooling,
whom- any person to
92 STAT. 3209
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 ivu tit PUBLIC LAW 99-272--APR. 7, 1986
PUBLIC IAW 99-272--APR. 7, 1986 100 SEAT. 83
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--Public
CongTa 99
ress
n Rct
To provide for reconciliation pursuant to section 2 of the first concurrent
resolution on the budget for fiscal year 1986 (S. Con. Res. 32, Ninety-ninth
Congress).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the "Consolidated OmnibtirA
Budget Reconciliation Act of 1985"
.
TABLE OF CONTENTS
Title I. Agriculture programs.
Title II. Armed services and defense-related programs.
Title III. Housing and community development programs.
Title IV. Transportation and related programs
.
Title V. Corporation for Public Broadcasting and Federal Communications Commis.
Sion.
Title VI. Maritime, coastal zone, and related programs.
Title VII. Energy and related programs.
Title VIII. Outer Continental Shelf and related programs.
Title IX. Medicare, Medicaid, and Maternal and Child Health programs.
Title X. Private health insurance coverage.
Title XI. Single-employer plan termination insurance system amendments.
Title XII. Income security and related programs.
Title XIII. Revenues, trade, and related programs.
Title XIV. Revenue sharing.
Title XV. Civil service, postal service, and governmental affairs generally.
Title XVI. Higher education programs.
Title XVII. Graduate Medical Education Council and technical amendments to the
Public Health Service Act.
Title XVIII. Small business programs.
Title XIX. Veterans' programs.
Title XX. Miscellaneous provisions.
TITLE I-AGRICULTURE PROGRAMS
Subtitle A-Agricultural Program Savings
SEC. 1001. AGRICULTURAL PROGRAM SAVINGS.
The expenditures and outlays resulting from the provisions of title
XI (relating to the export sales of dairy products) and title XIII
(relating to emergency disaster loans and loan authorizations under
the Agricultural Credit Insurance Fund) of the Food Security Act of
1985 (H.R. 2100, 99th Congress) shall be counted for purposes of
determining savings under the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 as having been enacted under this Act.
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-272 _ ,'` Subtitle B-Tobacco Program Improvements
SEC. 1101. FINDINGS AND PURPOSES.
(a) FINDINGS.-Congress finds that-
(1) the maintenance of a viable tobacco price support and
production adjustment program is in the interests of tobacco
producers, purchasers of tobacco, persons employed directly or
indirectly by the tobacco industry, and the localities and States
whose economies and tax bases are dependent on the tobacco
industry;
(2) the present tobacco price support program is in jeopardy
and in need of reform;
(3) under present law, the levels of price support for tobacco
have resulted in market prices for tobacco that are not competi-
tive on the world market,
(4) as a consequence, extremely large quantities of domestic
tobacco have been put under loan and placed in the inventories
of the producer-owned cooperative marketing associations that
administer the tobacco price support program;
(5) the increased inventories have led to a significant increase
in the assessments producers are required to pay to maintain
the tobacco price support program on a "no net cost" basis;
(6) such increasingly large assessments are creating a severe
hardship on producers;
(7) the existence of such large inventories poses a threat to the
orderly marketing of future crops of tobacco;
(8) inventories of producer associations must be significantly
reduced or the tobacco price support program will collapse;
(9) the Commodity Credit Corporation is threatened with
substantial losses on disposition of these inventories should the
tobacco price support program collapse;
(10) it is imperative that such excess inventories of tobacco be
disposed of, under the supervision of the Secretary of Agri-
culture, in a manner that-
(A) will not disrupt the orderly marketing of new tobacco
crops;
(B) will minimize any losses to the Federal Government;
and
(C) will be fair and equitable to all tobacco producers and
purchasers;
(11) the mutual cooperation of tobacco producers, tobacco
purchasers, producer associations, and the Secretary of Agri-
culture is necessary-
(A) to restore the tobacco price support program to a
stable condition; and
(B) to prevent substantial losses to taxpayers that would
result from the collapse of the program;
(12) restoration of stability to the tobacco price support pro-
gram through a sharing of the cost of that program by pur-
chasers of tobacco along with producers of tobacco is necessary
to prevent undue burdens on, or obstruction of, interstate and
foreign commerce in tobacco; and
(13) the system of grading tobacco should be thoroughly re-
viewed to ensure that grades are assigned to tobacco that
properly state the quality of such tobacco.
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100 STAT. 142 PUBLIC LAW 99-272--APR. 7, 1986 PUBLIC LAW 99-272--APR.
to replace petroleum products withdrawn from the Reserve
result of a test drawdown and distribution.".
leum products in storage in the Reserve will be increased a
527,000,000 barrels, at a level sufficient to assure that pe
and continuing through fiscal years 1987 and 19S 8 until
the Reserve are being undertaken, beginning in fiscal year 19
"(C) acquisition, transportation, and injection activities
(2) by striking out subparagraph (C) and inserting in li
(1) by striking out "500,000,000 barrels" in subparagraph
and inserting in lieu thereof "527,000,000 barrels"; and
t.EVM RESERVE.-Section 160(d)(1) of such Act (42 U.S.C. 6240(dXl)1
to replace petroleum products withdrawn from the Reserve
result of a test drawdown and distribution.".
(b) LIMITATION ON UNITED STATES SHARE OF THE NAVAL P
Shared Savings
Subtitle C-Federal Energy Conservation
(42 U.S.C. 8201 and following) is amended by adding at the end the`
following new title:
(a) IN GENERAL.-The National Energy Conservation Policy A
"TITLE VIII-SHARED ENERGY SAVINGS
share of any energy savings directly resulting from implementati
installing equipment, and training personnel, in exchange for
costs of implementing energy savings measures, including at
the costs (if any) incurred in making energy audits, acquiring
years. Such contract shall provide that the contractor shall in
benefits ancillary to that purpose. Each such contract may, notwi
standing any other provision of law, be for a period not to exceed
"SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.
"The head of a Federal agency may enter into contracts and
penses (and related operation and maintenance expenses).
1986 or any fiscal year thereafter for the payment of energy
entered into under this title may be paid only from funds ap
"SEC. 802. PAYMENT OF COSTS.
"Any amount paid by a Federal agency pursuant to any cont
this title, and the Secretary shall include in the report submitted,
"Each Federal agency shall periodically furnish the Secretary
Congress under section 550 a description of the progress made by
each Federal agency in-
?(1) including the authority provided by this title in its
contracting practices; and
"(21 achieving energy savings under contracts entered into
under this title.
DEFINITIONS.
"For purposes of this title-
"(1) the term 'Federal agency' means an agency defined in
section 55111) of title 5, United States Code, and
"(2) the term 'energy savings' means a reduction in the cost of
energy, from a base cost established through a methodology set
forth in the contract, utilized 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 tech-
nical services; or
"(B) the increased efficient use of existing energy sources
by cogeneration or heat recovery, excluding any cogenera-
tion process for other than a federally owned building or
buildings or other federally owned facilities.".
(b) TABLE OF CONTENTS.-The table of contents of such Act is
amended by adding the following at the end:
"TITLE VIII-SHARED ENERGY SAVINGS
Sec SO1. Authority to enter into contracts.
"Sec. 'O2. Payment of costs.
,Wi Reports.
Sc. FOI. Definitions.".
Subtitle D-Biomass Energy and Alcohol Fuels
Loan Guarantees
SEC. 7301. RIOIIASS ENERGY AND ALCOHOL FUELS LOAN GUARANTEES.
Section 221 of the Biomass Energy and Alcohol Fuels Act of 1980
(Public Law 96-294; 42 U.S.C. 8821) is amended by-
(1) striking out "September 30, 1985" and inserting in lieu
thereof "June 30,1986"; and
(2) adding at the end thereof the following: "Notwithstanding
any other provision of this subtitle, the Secretary of Energy
may modify the terms and conditions of any conditional
commitment for a loan guarantee under this subtitle made
before October 1, 1984, including the amount of the loan guaran-
tee. Nothing in this section shall be interpreted as indicating
Congressional approval with respect to any pending conditional
commitments under this Act.".
Subtitle E-Synthetic Fuels
SEC. 7401. SHORT TITLE.
This subtitle may be cited as the "Synthetic Fuels Corporation Act
of 1985".
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"(f) The Secretary shall not promulgate labeling rules for any clan !
of industrial equipment unless he has determined that-
"(1) labeling in accordance with this section is technologically
and economically feasible with respect to such class;
2) significant energy savings will likely result from and
labeling; and
"(3) labeling in accordance with this section is likely to suet
consumer in making pun?hesittg decisions.
"(g) When requested by the Secretary, any manufacturer of indn .
trial equipment to which a rule under this section applies shall su
pply
at the manufacturers expense a reasonable number of articles of tm~ -.^
covered equipment to any laboratory or t facility designated by
the Secretary. or permit representatives of suc laboratory or facility
to test such equipment at the site where it is located, for purpose, of
ascertaining whether the information net out on the label, or otherwise
requ.red to be disclosed, as required under this section, is accurate. Any
ree onable charge levied by the laboratory or facility for such testing
shall be borne by the United States, if and to the extent provided in
eprrro nations Acts.
(h) A labeling rule under this section shall not apply to any article
of covered equipment the manufacture of which was completed before
the effective date of such rule.
"(1) Until such time as labeling rules under this section take effect
with respect to a type (or class) of covered equipment, this section
shall not affect any authority of the Commission under the Federal
Trade Commission Act to uire labeling with respect to energy
consumption of such type (or c ass) of covered equipment.
"ADYINIwRATION, PtNALTma, AND ZNrOaCtrtaNT
"Sec. 345. (a) The provisions of section 326 (a), (b), and (d) and
sections 328 through 336 shall apply with respect to this part to the
same extent and in the same manner as they apply in part B. In apply-
ing such provisions for the purposes of this part
"(1) references to sections 323 and 324 shall be considered as
references to sections 343 and 344, respectively;
"(2) references to 'this part' shall be treated as referring to
P. C;
"(3) the term 'equipment' shall be substituted for the term
'product'; and
"(4) the term 'Secretary' shall be substituted for 'Commission'
each place it appears (other than in section 333(c) ).
"ALTItOJILeTION Or APPROPMATI0-48
"Sac. 346. (a) There are hereby authorized to be appropriated to
carry out the purposes of this subpart--
1) $2.0(10.000 for fiscal year 1978; and
" 2) $3,000,000 for fiscal year 1979.".
(b) TecnNICAL ArrINti rcr-re.-The table of contents for the
Energy Policy and Conservation Act is amended-
,1) by striking out "PAwr C", "PAST D", and "PAwr E" in the
items relating to parts C, D. and E of title III of such Act and
inserting in lieu thereof "Parr D", "PAwr E", and "PArr Fn,
respectively, and
l2) by inserting after the item misting in section 339 the
following:
??Pan t'~1wrAta laeo.rua& Ceyrvnaer
.. stn D.eatuon..
_e-r.
w. Mt
alsod, sad ena.
?aR S{2 Stu of eves.
3+4 I.Mt idectrt' aMbee and MmP and abler Wa.trtal stealpsnuL
.. . i., d e+tuleement.
?w 340 Aeminl.tnnms. p.neltle and enfore.n,enr
-ray,. 344 Autaonaatt a of appropriation.
PART 4-ENERGY EFFICIENCY BY USE OF RECOVERED
MATERIALS
sac. alt. USE OF RECDYCtED MATERIALS.
(a) Fisursoa.-The Congress finds that-
(1) significant amounts of industrial energy and other scarce
natural resources are conserved in certain major energy-consum-
ing industries where recovered materials are utilized in their man-
ufacturing operations;
(2) substantial additional volumes of industrial energy and
other scare natural resources will be cons.rved in future years if
such major energy-consuming industries increase to the maximum
feasible extent utilization of recovered materials in their manu-
facturing operations;
(3) millions of tons of recoverable materials which could be
used by such industries are needlessly wasted and buried each vear
at at cost to State and local governments, while technology
and methods exist whereby those materials could readily be made
available for utilization; and
(4) the recovery and utilization of such recovered materials
can substantially reduce the dependence of the United Stites on
foreign natural resources and reduce the growing deficit in its
balance of payments
(h) Provers.-The purposes of this subtitle are to conserve valu-
able energy and scarce natural resources. promote the national
security, and protect the environment by-
(1) directing that targets for increased industrial utilization of
recovered materials be established for certain major energy-oon-
suming industries;
(2) creating procedures whereby such industries may cooperate
with the Federal Government in the eeublishmenI and achieve-
ment of such targets; and
(3) providing incentives for increased industrial utilization of
energy-saving recovered materials in such major energy-con-sum-
ing industries
(c) TAsasrs roe Use or Rrcosucn MAT=Ate.-Part E of title
III of the Energy Policy and Conservation Act, a redesignated by
section 441 (b) (2) of this Act, is amended by inserting the following
new section after section 374:
"Taaorrs roe sae or RE-nylon MATan1ALS
"Sec. 374A. (a) For purposes of this section. the term 'energy-
saying recovered materials' means aluminum, copper, lead, zinc, iron.
Keel, paper and allied paper products, textiles, and rubber, recovered
from solid waste, as defined in the Solid Waste Disposal Act.
"(b) Within one year after the date of the enactment of this section,
the Secretary shall set targets for increased utilization of energy-
92 STAT. 3273
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mdu-t n,.?. U?
i .., a, ,,i alh"d prat
a?xtcu
Such u.
lr cull pnslucn mdn~t r. and the ruh4r indaet
targets--
?.(1) shall be based 2 on the best available in forr,,at ion,
mumfeeal lr mer"ascl11M~ed at . utilizial"' s (lick re_P,resent the
materialc each such mdustr can achieve g' saving recoeetb
nary 1, 1987, and Pr'ogrexsirelv by Jan,
"(3) shall be ppublished in the Federal Register, t gv(hrr with
a statement of the basic and lu tifiration for such
target,
"(e) In establishing rargew under nbwrtian (b) the Agency
mi"
shall consult with the .tdminnstratur of the Environmental protection
and with each
and shall ronsider- of the major industries subject to this aactio.
NI) ind ry the tscesivel~W ueand economic ability of each such
recovered materials by Januairy 1 19s ,and Lion of energy_pring
211
h by each such cindustr , or by F7 fii,h State. ordlocajooldebe take.
to increase that industry's utilization of ener go rnmen
materials. gc-aaving recovered
d
"(d) Any target established under subsection (b) may be modified
"(1) determines that such target cannot reasonably be attsumd,
or that it should 'require greater use of energy-saving rerncervd
materials, and
together with a "(2) publishes such determination in the Federal Register,
"(ee) Within each basis the industriescaubjecttr o this in~ctionn the,.
retary shall notify each corporation which is a $ec
major energy consumer
(within the meaning of section 373) of the requrrmen of this sea
lion. Not later than January 1, 1979? the chief executive officer of each
such corporation (or individual designated by such officer) shall
include in his report to the Secretary under secti
376(g) applies, prepare and transmit a repo on M. or if section
rt which include, a etas..
mint of the volume of energy _saving recovd materials that such
corporation is using in each of its manuf erering operations located
in
the I'nited States and what plans actu
, if any, the corporation ha-
to
after, the the utilization of such materials in t}iose operations i. each of
the neat ten years. Not later than January 1,1980, and annually there.
of the each such
it h mad
corporation shall include in such report. a statement " to recovered matseria aato mach targets increase its utilization of energy_sevirt statement
the Secretary for its indust ry. h established under this section by
mation as the Secretary determines is ports all contain such greys
toward meeting the induct targets ecshed to measure P
"(f) The Secretary shall inclueis annuaredporthund rsec
3TS tion
te) a report on the industrial energy and natural resource
conservation and recovery Program established under this section.
Each such report shall include-
"(1) a summary of the progress made toward the achievement
of targets set
(2 by the Secretary under this section; and
") a summary of the progres made toward meeting such
targets since the date of publication of th
any." e previous report, if
1dl 7i ti''n_en. :\seruur i.sri. (1) >e,tnnn 376 of such Act is
amended by-
(A) inserting "or 374A" after -section 372" in sulaection (b),
and
(B) inserting "or any target under section 374A" after "374"
in subsections (c) and (f).
(2) The table of contents of such Act is amended by inserting after
the item relating to section 374 the following new item:
TLL larseta for sae at reeonreel rtertaia .
TITLE V-FEDERAL ENERGY INITIATIVE
PART I-ERECUTTVE AGENCY CONSERVATION PLAN
gEr_ iii. CONSERVATION H.AN AUTHORIZATION.
Section 381 of the Ener Policy and Conservation Act (42 U.S.C-
t%1) is amended by adding at the end thereof the following new
subsections:
(d) The plan developed by the President pursuant to subsection
(a) (2) shall be applicable to Executive agencies as defined in section
i 5 of title 5, United States Code, and to the United States Postal
Service.
"(e) In addition to funds authorized in any other law, there is
authorized to be appropriated to the President for fiscal year 1978 not
to exceed $25,000,000, and for fiscal year 1979 not to exceed
(50.000,000, to carry out the purposes of subsection (a) (2).".
/ PART 2-DEMONSTRATION OF SOLAR HEATING AND
COOLING IN FEDERAL BUILDINGS
SEC. U1. DEFINITIONS
As used in the part-
(1) The term "Federal agency" means--
(A) an Executive agency as defined in section 105 of title
5, United States Code; and
(B) each entity specified in Paragraphs (B) thro ugh (H)
of subsection (1) of section 5721 of title 5, United States
Code.
(2) The term "Federal building" means any building or other
structure owned in whole or part by the United States or any
Federal agency, including any such structure occupied by a
Federa
l agency under a lease-acquisition agreement under wfiich
the United States or a Federal agency will receive fee simple title
under the terms of such agreement without further negotiation.
(3) The term "solar heating" means, with respect to any
Federal building, the use of solar energy to meet all or part of the
heating needs of such building (including hot water), or all or
part of the needs of such building for hot water.
(4) The term "solar heating and cooling" means the use of
solar energy to provide all or part of the heating needs of a
Federal building (including hot water) and all or part of the
cooling needs of such building, or all or part of the needs of such
building for hot water.
(5) The term "solar energy equipment" means equipment for
solar heating or solar heating and cooping
(6) The term "Secretary" mean the Secretary of Energy.
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M,hl, %i. WLAk 1?NI N:N.\N.
The Jar rotary, m wnsu ha Uun with the Adimmar^tor of tift
(ion t lervrrra Admmrslratrou, shall develop and orrry out a
Program to demonstrate the a
S pplication to buildings of solar he ut a
and soh r heating and cooling technology in Federal building
ILG 5 , DUTlL5 OP SEQZTARY.
(a1 Ihrrtsx.-In aaerciung the authority provided by section
the Secretary, in consultation with the Administrator of enaauk.
Services .Ldmmistration, shall- the G
nl
(1) promulgate, by I-
..4A) rouirementa under which Federal ageoree +W1
P 1s for the installation of solar aagqetp 'Mat in which -re decal selected buildings which are under tenergy
heir control
such rule, and accordance with procerl and
ura set forth 1a
(B) criteria by which propawL under subrorag p
will he evaluated, which criteria shall provule for
inclusion in each proposal of a coin-piste analysis of the the
prrese t v l of as etecoed by the Secretary, of the costa b'nsfit" the Proposal to the Federal agency, and for
the demonstration, to th
innovative and diverse e maximum extent practicable, of
F-d-ria]l buildings of solar heating and solar hating and
u technology, and for location of demonetratioo
projects in areas where o ? private sector market for solar
energy equipment is likely to develop;
(2) evaluate in writi
a ng ch such Proposal pursuant to the
criteri such PPromulgated pursuaant to paragraph (1) (B), and make
person; available to the agency and upon request, to any
(3) provide technical and financial assistance by interagency
agreement for implementing a proposal evaluated
paragraph (2) and approved by the Secrets under
assist ance she 1 be limited to the design, is' except that such
and installation of solar ener eq pacquisition. construction,
(4) provide, by rule, that Fuedeal tagencie_s report to the
Secretary periodically such information as they acquire respell
ing maintenance and operation of solar energy equipment for
which assistance is provided under paragraph (3);
(5) require that a life cycle cost analysis in accordance with
part 3 be done for any Federal building for which a proposal is
submitted under this section and the results of such analysis be
included in such proposal : and
(6) if solar energy- equipment for which assistance is to be
provided under Paragraph (1) is not the minimum life-cycle cost
alternative, require the Federal
report involved to submit a
eport to the Secretary stating the amount by which the life-cycle
cost of such equi meat exceeds the minimum life-cycle cost
of subsection (a)oshalin ude a P list of thi under paragraph (1) (A)
proposed to be provided with solar enes r Peequi Federal buildings
necessary for the acquisition and installation of such pment. the equipment, thy
proposed implementation schedule, maintenance costs, the estimated
savings in fossil fuels and electricity, the estimated Payback time, and
such other information as may be required by the Secretary
(c) IxmAL St-atrissm"
I CT Paoex>bris-Under the established under subsertion (a)(1)(A), initial proposalqufireor thes
92 STAT. 3276
y~talluu.tiorrl (a)(1)(Al equ'l shall 1ebet iubnritted tot 1 later `than 1411,
ender
yes after the date of promulgation of the rani. under aulv+ruon
tai(l).
W. at AITRORIZATION OP APPROPRIATIONS,
There are authorized to be appropriated to the Secretary through
fiscal rear ending September 30, 1 to carry out the purposea of this
part ,st to exceed 11100,000010. Funds no appropriated may be
transferred by the Secretary to any Federal agency to the extent
aaaeesary to carry out the purposes of section 52l(a)(3).
PART 3-ENERGY FCONSERVATIO EDERAL BL' N ANDS SOLAR ENERGY
arc Nt. YINDING&
The Congress finds that.-
(1) there is an urgent need to promote the design, construction,
and operation of buildings to conserve and make more efficient
use of fuels and energy;
(2) a shift from dependence on nonrenewable to renewable
energy sources would have a beneficial effect on the Nation's overall
energy supply ;
(8) programs for energy conservation in buildings, along with
the use of renewable energy sources, would stimulate industries
and create new job opportunities for supple and servicing new or
improved energy-oonserving and energy-supplying systems and
equipment;
(4) in the construction or renovation of buildings, the cost of
energy consumed over the life of such buildings must be consid-
ered as well as the initial cost of such construction or renovation;
and
(5) the Federal Government, the largest energy consumer in
the United States, should be in the forefront in implementing
energy conservation measures and in promoting the use of solar
heating and cooling and other renewable energy sources.
SEC Six POLICY.
It is the policy of the United States that the Federal Government
has the opportunity and responsibility, with the participation of
industry, to further develop, demonstrate, and promote the use of
energy conservation, solar bating and cooling, and other renewable
energy sources in Federal buildings.
SEC Six PURPOSE
It is the purpose of Nis part to promote--
(1) the one oft commonly accepted methods to establish and
compare the life cycle costs of operating Federal buildings, and
the life cycle fuel and energy requirements of such buildings, with
and without special features for energy conservation, and
(2) the use of solar beating and tooling and other renewable
energy sources in Federal buildings.
SEC Sot. DEFINITIONS.
For purposes of this part-
(1) The term "Secretary" means the Secretary of Energy.
2 The term "life cycle cost" means the total costs of owwnnitnrngg
operating, and maintaining a building over its useful life, =dull-
ing its fuel and energy costs, determined on the basis of a system-
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,? 1^ , lain: user ILA rtL?rl, re mmaln ug cetera of the k coal
(3) Ti. hterm ,,preliminary enrrgv audit' means a d eraitna
Lion of the energy conun
et_
s,pl o,n charartrnstics of a n existing Fed.
and building, including to size, trpe? rate of energy mnsuniptian
(4 andjor mercy using stems of such building and the climate
charamacterizing the region when such building is land the
) The term "energy survey" means a pmrvdure to be used L
deur
m mtng energy conservation and cost
from sating. likely to
from appropriate energy con sa
se result
rving mainten^nc,. and.(lensch
Procedures and modificat o
ion., including the purcln,e and insti
b
l
on of partitermcuar energy,-r late fix :n` to a Federal building,
(5) The Ing
`Federal build any building, at
or facility which is constructed, renovated or leased or pa ~
in whole or in part for um, by the United States, and which
includes a heating system, a cooling system, or both.
(6) The term "construction'' means conanction and
tial reconstruction or renniatien, as determined under rules p
zerbedTe Secretary. (7) term
"energy performance target' means a rate of
entalnny consumption which is the minimum practically achievable,
Into account life-cycle cost, by adjusting mamten ance and
mentoporsteratingructProcedures, borothby modifying a Federal building's equip. s
SEC
.
34L ffifABLISHMENT AND USE Or LIFE CYCLE COST ME'fgOpg -"' -
(a) 1JTAauaumENT or Lin CTcte CcaT METIJCS,s.-Tbe Secretary
in consultation with the Director of the Office of Management sad,
Budget. the Director of the National Bureau of Standards, and the
Admtnistntor of the (.corral cervices o Administration. establish practical and effective methods for estimating and
comparing life cycle Costs for Federal buildings; and
(2) develop and prescribe the procedures to be followed in
applying and implementing the methods so established and in
conducting preliminary energv audits required br section 547.
(b) Use or Lire CrcLZ C,cair&-,111 new Federal buildings shall be
lifse cycle cost effective as determined in accordance with the methods
etablished under subsection (a). In the design of new Federal build-
cost evaluation shall be made on the basis of life cycl e cost rather
than initial coat.
(c) Use ne Nox-FrmUAL STItUc7 ies.-The Secretary shall make
available tote public information on the use of life trek cost methods
in the entsoftberecenion of buildings, structure,. and fa.ilities in all seg-
m
SEC. Sea ENERGY PERFORMANCE TARGETS FOR FEDERAL BUILDINGS
The Secretary- in consultation with the Administrator of the Gen-
eral Services Administration, the Director of the National Bureau of
Standards. and the Director of the Office of Management and Budget,
shall establish and publish energy performance targets for Federal
buildings, and shall take such actions as may be necessary or appro-
priate to promote to the maximum extent practicable achievement of
such targets by Federal buildings. The performance targets estab.
dished under the preceding sentence shall be compatible with energy
conservation rformance standards adopted or developed by the
Secretary of Housing and Urban Development for buildings.
\fl:,,l .\11,11- I- hf:1i-, sir1,,. ,?i 1\I,,,'.1. 11.1,
ERAL SI'ILt11'iGN
(a) Atmrra or Bt?tuxxoA Wmi 30,Iaal on 11,w1 cclraar Frn.--As
treo as possible after the dale of the enactment of this part, each
federal agency shall conduct, to the maximum extent feasible, a
preliminary energy audit. of all Federal buildings under its junadic-
Oan, occupancy. or control which contain 30.00(1 or more mare feet
of floor spaces and shall furnish the results of such audit to the
secretary.' TIe Secretary shall submit to the Congress a full report
ao al preliminary energy audits conducted under to subsection no
Iaterthan August 15.19711.
(b) Av mire or F>aout. Britntxoa Wren 1.000 no Moer Ben Less
?ftiAx 30,000 SvvAar. For.-As soon as possible after the uumpktion
of the preliminary energy audits required under subsection (a) (and
concurrently with such audits to the maximum ardent feasible in the
MW of an agency ), each Federal agency shall conduct a preliminary
rnerp auttit of a(( Federal buildings under its jurisdic30,000 tion, occupancy,
of flcontrol which contain oor space, and shall furnish the results less such audit to t ghe Seery-
to floor
p The Secruarv shall submit to the Congress a full report on all
ps iminary energy audits conducted under this subrrction no later
tap August 15,1950.
(c) ItrraortT or Frn.uAL Bvuoixva-(1) Each Federal agency
,hall. in accordance with this subsection, select from each prelimina
energy audit conducted by such agency under subsections 1 a) and (b)
appr"priete Federal buildings under its jurisdiction. orcupane%, or
control for retrofit measures to imove their energy efficiency in gen.
eral and to minimize their life cycplercoat. Such measures shall include,
without being limited to, energy conservation measures, measures
involving solar technology and other renewable energy resources, and
ear maintenance and operati procedures and particular evergy-
"fated modifications determined appropriate by an energy survey. In
selecting the measures to be applied Fedeal agencies shall give prior-
ity to changes in maintenance and operating procedures over mess-
am requiring substantial structural modification or the installation
of equipment.
(2) At least 1 percent of the total gross square floor footage con-
tained in all Federal buildings which are under the jurisdiction, occu-
pancy or control of Federal agencies. and which an included in a
prelmuuarv energy audit conducted by such agencies under subsection
(a) and (b) shall be retrofitted by such agencies undergo-graph (1)
pursuant to actions taken or arrangements made by sucagencies dur-
ing the first full fiscal pear beginning after the date of the enactment
of this part; and an additional percentage of such total grow square
footage equal to at least 1 percentage point higher than the percentage
applicable under this paragraph in the preceding year shall be so
retrofitted pursuant to actions taker. or arrangements glade during the
second and third such fiscal years. with a view to achieving full com-
pliance with paragraph (3) by the time specified therein.
(3) On or before January 1, 1990, all Federal buildings which
are under the jurisdiction, occupancy, or control of any Federal
agency shall be the subject of such retrofit measures under paragraph
(1) as will assure their minimum life cycle costs,
SEC. 34L LEASED FEDERAL BUILDINGS.
In leasing buildings for its own usy or that of another Federal
agency, each Federal agency shall give appropriate preference to
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