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December 27, 2016
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January 26, 2012
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July 9, 1986
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Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88GO1332RO01100120011-5 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. Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 ', -~e~~ Ze4.,~2. 9G Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 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 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 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 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 ivu tit PUBLIC LAW 99-272--APR. 7, 1986 PUBLIC IAW 99-272--APR. 7, 1986 100 SEAT. 83 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 --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. Declassified in Part - Sanitized Copy Approved for Release -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. Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 100 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". Declassified in Part - Sanitized Copy Approved for Release 2012/01/26 : CIA-RDP88G01332RO01100120011-5 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 "(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 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 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 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. Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 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- Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5 ,? 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 Declassified in Part - Sanitized Copy Approved for Release 2012/01/26: CIA-RDP88G01332RO01100120011-5