[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 417 Engrossed Amendment House (EAH)]
2d Session
S. 417
_______________________________________________________________________
AMENDMENTS
In the House of Representatives, U. S.,
September 28, 1998.
Resolved, That the bill from the Senate (S. 417) entitled ``An Act to extend
energy conservation programs under the Energy Policy and Conservation Act
through September 30, 2002'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Conservation Reauthorization
Act of 1998''.
SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.
(a) State Energy Conservation Program.--Section 365(f) of the
Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to
read as follows:
``(f) For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
(b) Schools and Hospitals.--Section 397 the Energy Policy and
Conservation Act (42 U.S.C. 6371f) is amended to read as follows:
``authorization of appropriations
``Sec. 397. For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
SEC. 3. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT.
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended to read as follows:
``authorization of appropriations
``Sec. 422. For the purpose of carrying out the weatherization
program under this part, there are authorized to be appropriated for
fiscal years 1999 through 2003 such sums as may be necessary.''.
SEC. 4. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Sunset.--Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``five years
after'' and all that follows through ``subsection (b)'' and inserting
``on October 1, 2003''.
(b) 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 each authority of the
Government of the United States, whether or not it is within or
subject to review by another agency.''.
SEC. 5. TECHNICAL AMENDMENTS.
(a) Energy Policy and Conservation Act.--The Energy Policy and
Conservation Act is amended--
(1) in the table of contents--
(A) by striking ``Sec. 301.'' and all that follows
through ``Reports to Congress.'.'';
(B) by striking ``efficiency'' and inserting
``conservation'' in the item relating to section 325;
(C) by striking ``and private labelers'' in the
item relating to section 326;
(D) by striking the items relating to part E of
title III;
(E) by inserting after the items relating to part I
of title III the following:
``Part J--Encouraging the Use of Alternative Fuels
``Sec. 400AA. Alternative fuel use by light duty Federal vehicles.
``Sec. 400BB. Alternative fuels truck commercial application program.
``Sec. 400CC. Alternative fuels bus program.
``Sec. 400DD. Interagency Commission on Alternative Motor Fuels.
``Sec. 400EE. Studies and reports.'';
(F) by inserting ``Environmental'' after ``Energy
Supply and'' in the item relating to section 505; and
(G) by striking the item relating to section 527;
(2) in section 321(1) (42 U.S.C. 6291(1))--
(A) by striking ``section 501(1) of the Motor
Vehicle Information and Cost Savings Act'' and
inserting ``section 32901(a)(3) of title 49, United
States Code''; and
(B) by striking the second period at the end
thereof;
(3) in section 322(b)(2)(A) (42 U.S.C. 6292(b)(2)(A)) by
inserting close quotation marks after ``type of product'';
(4) in section 324(a)(2)(C)(ii) (42 U.S.C.
6294(a)(2)(C)(ii)) by striking ``section 325(j)'' and inserting
``section 325(i)'';
(5) in section 325 (42 U.S.C. 6295)--
(A) by striking ``paragraphs'' in subsection
(e)(4)(A) and inserting ``paragraph''; and
(B) by striking ``Ballasts;'' in the heading of
subsection (g) and inserting ``Ballasts'';
(6) in section 336(c)(2) (42 U.S.C. 6306(c)(2)) by striking
``section 325(k)'' and inserting ``section 325(n)'';
(7) in section 345(c) (42 U.S.C. 6316(c)) by inserting
``standard'' after ``meets the applicable'';
(8) in section 362 (42 U.S.C. 6322)--
(A) by inserting ``of'' after ``of the
implementation'' in subsection (a)(1); and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)(2)'' in subsection (d)(12);
(9) in section 391(2)(B) (42 U.S.C. 6371(2)(B)) by striking
the period at the end and inserting a semicolon;
(10) in section 394(a) (42 U.S.C. 6371c(a))--
(A) by striking the commas at the end of paragraphs
(1), (3), and (5) and inserting semicolons;
(B) by striking the period at the end of paragraph
(2) and inserting a semicolon; and
(C) by striking the colon at the end of paragraph
(6) and inserting a semicolon;
(11) in section 400 (42 U.S.C. 6371i) by striking ``(a)'';
(12) in section 400D(a) (42 U.S.C. 6372c(a)) by striking
the commas at the end of paragraphs (1), (2), and (3) and
inserting semicolons;
(13) in section 400I(b) (42 U.S.C. 6372h(b)) by striking
``Secretary shall,'' and inserting ``Secretary shall'';
(14) in section 400AA (42 U.S.C. 6374) by redesignating
subsection (i) as subsection (h);
(15) in section 503 (42 U.S.C. 6383)--
(A) by striking ``with repect to'' and inserting
``with respect to'' in subsection (b); and
(B) by striking ``controlling'' and inserting ``,
controlling,'' in subsection (c)(1); and
(16) in section 552(d)(5)(A) (42 U.S.C. 6422(d)(5)(A)) by
striking ``notion'' and inserting ``motion''.
(b) Energy Conservation and Production Act.--The Energy
Conservation and Production Act is amended--
(1) in the table of contents--
(A) by striking ``rules and regulations'' and
inserting ``regulations and rulings'' in the item
relating to section 106; and
(B) by striking the item relating to section 207
and inserting the following:
``Sec. 207. State utility regulatory assistance.
``Sec. 208. Authorization of appropriations.''; and
(2) in section 202 (42 U.S.C. 6802) by striking ``(b)
Definitions.--''.
(c) National Energy Conservation Policy Act.--The National Energy
Conservation Policy Act is amended--
(1) in the table of contents--
(A) by striking ``, installation, and financing''
and inserting ``and installation'' in the item relating
to section 216;
(B) by striking ``Ratings'' and inserting ``Rating
Guidelines'' in the item relating to part 6 of title
II;
(C) by striking the item relating to section 304;
and
(D) by striking ``goals'' and inserting
``requirements'' in the item relating to section 543;
(2) in section 216(d)(1)(C) (42 U.S.C. 8217(d)(1)(C)) by
striking ``explictly'' and inserting ``explicitly'';
(3) in section 251(b)(1) (42 U.S.C. 8231(b)(1))--
(A) by striking ``National Housing Act to
projects'' and inserting ``National Housing Act) to
projects''; and
(B) by striking ``accure'' and inserting
``accrue'';
(4) in section 266 (42 U.S.C. 8235e) by striking ``(17
U.S.C.'' and inserting ``(15 U.S.C.''; and
(5) in section 551(8) (42 U.S.C. 8259(8)) by striking
``goethermal'' and inserting ``geothermal''.
SEC. 6. MATERIALS ALLOCATION AUTHORITY EXTENSION.
Section 104(b) of the Energy Policy and Conservation Act is amended
by striking ``(1) The authority'' and all that follows through ``(2)''.
SEC. 7. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the
date of the enactment of this section for use by the fleet or
covered person in vehicles owned or operated by the fleet or
covered person that weigh more than 8,500 pounds gross vehicle
weight rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may,
by rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation
to the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying
volume is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a
biodiesel alternative fuel provider described in section
501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under
section 211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
``(A) 450 gallons; or
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 is amended by adding at the end of the items
relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''.
SEC. 8. REPORT CONCERNING COMPLIANCE WITH ALTERNATIVE FUEL VEHICLE
PURCHASING REQUIREMENTS.
(a) In General.--Section 310 of the Energy Policy Act of 1992 (42
U.S.C. 13218) is amended--
(1) by striking the heading and inserting the following:
``SEC. 310. REPORTS.'';
(2) by inserting ``(a) General Service Administration
Program Report.--'' before ``Not later than''; and
(3) by adding at the end the following:
``(b) Compliance Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter for the
next 14 years, the head of each Federal agency which is subject
to this Act and Executive Order No. 13031 shall prepare, and
submit to Congress, a report that--
``(A) summarizes the compliance by such Federal
agency with the alternative fuel purchasing
requirements for Federal fleets under this Act and
Executive Order No. 13031; and
``(B) includes a plan of compliance that contains
specific dates for achieving compliance using
reasonable means.
``(2) Contents.--
``(A) In general.--Each report submitted under
paragraph (1) shall include--
``(i) any information on any failure to
meet statutory requirements or requirements
under Executive Order No. 13031;
``(ii)(I) any plan of compliance that the
agency head is required to submit under
Executive Order No. 13031; or
``(II) if a plan of compliance referred to
in subclause (I) does not contain specific
dates by which the Federal agency is to achieve
compliance, a revised plan of compliance that
contains specific dates for achieving
compliance; and
``(iii) any related information the agency
head is required to submit to the Director of
the Office of Management and Budget under
Executive Order No. 13031.
``(B) Penultimate report.--The penultimate report
submitted under paragraph (1) shall include an
announcement that the report for the next year shall be
the final report submitted under paragraph (1).
``(3) Public dissemination of report.--Each report
submitted under paragraph (1) shall be made public, including--
``(A) placing such report on a publicly available
website on the Internet; and
``(B) publishing the availability of the report,
including such website address, in the Federal
Register.''.
(b) Clerical Amendment.--The table of contents for the Energy
Policy Act of 1992 contained in section 1(b) of that Act (106 Stat.
2776 et. seq.) is amended by striking the item relating to section 310
and inserting the following:
``Sec. 310. Reports.''.
Amend the title so as to read: ``An Act to extend certain
programs under the Energy Policy and Conservation Act and the
Energy Conservation and Production Act, and for other
purposes.''.
Attest:
Clerk.