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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2635 Reported in House (RH)]

                                                 Union Calendar No. 187
110th CONGRESS
  1st Session
                                H. R. 2635

                      [Report No. 110-297, Part I]

   To reduce the Federal Government's contribution to global warming 
 through measures that promote efficiency in the Federal Government's 
           management and operations, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2007

  Mr. Waxman introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
 Committees on Energy and Commerce, Armed Services, Transportation and 
Infrastructure, Natural Resources, and Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                             August 3, 2007

 Additional sponsors: Mr. Braley of Iowa, Mr. Clay, Mr. Cummings, Mr. 
Hodes, Mr. Kucinich, Mr. Lynch, Mrs. Maloney of New York, Ms. McCollum 
of Minnesota, Ms. Norton, Mr. Sarbanes, Mr. Van Hollen, Ms. Watson, Mr. 
                   Welch of Vermont, and Mr. Yarmuth

                             August 3, 2007

Reported from the Committee on Oversight and Government Reform with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             August 3, 2007

 Committees on Energy and Commerce, Armed Services, Transportation and 
    Infrastructure, Natural Resources, and Agriculture discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 7, 
                                 2007]

_______________________________________________________________________

                                 A BILL

 
   To reduce the Federal Government's contribution to global warming 
 through measures that promote efficiency in the Federal Government's 
           management and operations, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Carbon-Neutral 
Government Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

TITLE I--FEDERAL GOVERNMENT INVENTORY AND MANAGEMENT OF GREENHOUSE GAS 
                               EMISSIONS

Sec. 101. Inventory of Federal Government Greenhouse Gas Emissions.
Sec. 102. Management of Federal Government Greenhouse Gas Emissions.
Sec. 103. Pilot project for purchase of offsets and certificates.
Sec. 104. Savings Clause.
Sec. 105. Definitions.
Sec. 106. Authorization of appropriations.

             TITLE II--FEDERAL GOVERNMENT ENERGY EFFICIENCY

Sec. 201. Federal vehicle fleets.
Sec. 202. Agency analyses for mobility acquisitions.
Sec. 203. Federal procurement of energy efficient products.
Sec. 204. Federal building energy efficiency performance standards.
Sec. 205. Management of Federal building efficiency.
Sec. 206. Leasing.
Sec. 207. Procurement and acquisition of alternative fuels.
Sec. 208. Contracts for renewable energy for executive agencies.
Sec. 209. Government Efficiency Status Reports.
Sec. 210. OMB Government Efficiency Reports and Scorecards.
Sec. 211. Authorization of appropriations.
Sec. 212. Judicial review.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The harms associated with global warming are serious 
        and well recognized. These include the global retreat of 
        mountain glaciers, reduction in snow cover extent, the earlier 
        spring melting of rivers and lakes, the accelerated rate of 
        rise of sea levels during the 20th century relative to the past 
        few thousand years, and increased intensity of hurricanes and 
        typhoons.
            (2) The risks associated with a global mean surface 
        temperature increase above 2 C (36 F) above preindustrial 
        temperature are grave. According to the Intergovernmental Panel 
        on Climate Change, such temperature increases would increase 
        the severity of ongoing alterations of terrestrial and marine 
        environments, with potentially catastrophic results. Ongoing 
        and projected effects include more prevalent droughts in dry 
        regions, an increase in the spread of disease, a significant 
        reduction in water storage in winter snowpack in mountainous 
        regions with direct and important economic consequences, a 
        precipitous rise in sea levels by the end of the century, the 
        potential devastation of coastal communities, severe and 
        irreversible changes to natural ecosystems such as the 
        bleaching and destruction of much of the world's coral, and the 
        potential extinction of 30 percent of all living species.
            (3) That these climate change risks are widely shared does 
        not minimize the adverse effects individual persons have 
        suffered and will suffer because of global warming.
            (4) To preserve the ability to stabilize atmospheric 
        greenhouse gas concentrations at levels likely to protect 
        against a temperature rise above 2 C (36 F) will require 
        reductions of greenhouse gas emissions of 50 percent to 85 
        percent globally.
            (5) Achieving such reductions will require a multitude of 
        actions across the global economy that may each address a 
        relatively minute quantity of emissions, but will be 
        cumulatively significant.
            (6) With only 5 percent of the world population, the United 
        States emits approximately 20 percent of the world's total 
        greenhouse gas emissions, and must be a leader in addressing 
        global warming.
            (7) The United States Government is the largest energy 
        consumer in the United States and is responsible for roughly 
        100,000,000 metric tons of CO<INF>2</INF>-equivalent emissions 
        annually.
            (8) A reduction in greenhouse gas emissions by Federal 
        agencies would slow the increase of global emissions and hence 
        of global warming. In addition, Federal action would accelerate 
        the pace of development and adoption of technologies that will 
        be critical to addressing global warming in the United States 
        and worldwide.
            (9) A failure by any Federal agency to comply with the 
        provisions of this Act requiring reductions in its greenhouse 
        gas emissions would exacerbate the pace and extent of global 
        warming and the harms caused by the agency beyond what would 
        otherwise occur. Although the emissions increments involved 
        could be relatively small, such a failure allowing 
        incrementally greater emissions would injure all United States 
        citizens.
            (10) Improved management of Government operations, 
        including acquisitions and procurement and operation of 
        Government facilities, can maximize the use of existing energy 
        efficiency and renewable energy technologies to reduce global 
        warming pollution, while saving taxpayers' money, reducing our 
        dependence on oil, enhancing national security, cleaning the 
        air, and protecting pristine places from drilling and mining.
            (11) Enhancing the accountability and transparency of 
        Government operations through setting milestones for agency 
        activities, planning, measuring results, tracking results over 
        time, and public reporting can improve Government management 
        and make Government operations more efficient and cost 
        effective.

TITLE I--FEDERAL GOVERNMENT INVENTORY AND MANAGEMENT OF GREENHOUSE GAS 
                               EMISSIONS

SEC. 101. INVENTORY OF FEDERAL GOVERNMENT GREENHOUSE GAS EMISSIONS.

    (a) In General.--Each agency shall, in accordance with the guidance 
issued under subsection (b), annually inventory and report its 
greenhouse gas emissions for the preceding fiscal year. Each such 
inventory and report shall indicate as discrete categories--
            (1) any direct emission of greenhouse gas as a result of an 
        activity of the agency;
            (2) the quantity of indirect emissions of greenhouse gases 
        attributable to the generation of electricity used by the 
        agency and commercial air travel by agency personnel; and
            (3) the quantity of emissions of greenhouse gases 
        associated with the work performed for the agency by Federal 
        contractors, comprising direct emissions and indirect emissions 
        associated with electricity used by, and commercial air travel 
        by, such contractors.
    (b) Guidance; Assistance.--Not later than 3 months after the date 
of the enactment of this Act, the Administrator shall issue guidance 
for agencies for conducting inventories under this section and 
reporting under section 102. Such guidance shall establish inventory 
and reporting procedures that are at least as rigorous as the inventory 
procedures established under the Environmental Protection Agency's 
Climate Leaders program and shall define the scope of the inventories 
of direct emissions described in subsection (a)(1) to be complete and 
consistent with the national obligation for reporting inventories under 
the United Nations Framework Convention on Climate Change. The 
Administrator shall provide assistance to agencies in preparing their 
inventories.
    (c) Initial Inventory by Agencies.--
            (1) Submission.--Not later than 1 year after the date of 
        the enactment of this Act, each agency shall submit to the 
        Administrator and make publicly available on the agency's 
        website an initial inventory of the agency's greenhouse gas 
        emissions for the preceding fiscal year.
            (2) Certification.--Not later than 6 months after an agency 
        submits an initial inventory under paragraph (1), the 
        Administrator shall review the inventory for compliance with 
        the guidance issued under subsection (b) and--
                    (A) certify that the inventory is technically 
                valid; or
                    (B) decline to certify the inventory and provide an 
                explanation of the actions or revisions that are 
                necessary for the inventory to be certified under 
                subparagraph (A).
            (3) Revision.--If the Administrator declines to certify the 
        inventory of an agency under paragraph (2)(B), the agency shall 
        submit to the Administrator and make publicly available on the 
        agency's website a revised inventory not later than 6 months 
        after the date on which the Administrator provides the agency 
        with the explanation required by such paragraph.
    (d) Federal Land Management.--Beginning not later than 2 years 
after the date of enactment of this Act, the Secretary of the Interior 
and the Secretary of Agriculture shall include as a discrete category 
in any inventory under this section any emission of greenhouse gas and 
any biological sequestration of greenhouse gases associated with land 
managed by the Bureau of Land Management or the Forest Service. Such 
emissions and biological sequestration of greenhouse gases shall not be 
considered for the purposes of setting or measuring progress toward 
targets under section 102.

SEC. 102. MANAGEMENT OF FEDERAL GOVERNMENT GREENHOUSE GAS EMISSIONS.

    (a) Emission Reduction Targets.--Not later than 18 months after the 
date of the enactment of this Act, the Administrator shall promulgate 
annual reduction targets for the total quantity of greenhouse gas 
emissions described in section 101(a), expressed as carbon dioxide 
equivalents, of all agencies, taken collectively, for each of fiscal 
years 2010 through 2050.
    (b) Goals.--The targets promulgated under subsection (a) shall be 
calculated so as--
            (1) to prevent the total quantity of greenhouse gas 
        emissions of all agencies in fiscal year 2011 and each 
        subsequent fiscal year from exceeding the total quantity of 
        such emissions in fiscal year 2010; and
            (2) to reduce such greenhouse gas emissions as rapidly as 
        possible, but at a minimum by a quantity equal to 2 percent of 
        projected fiscal year 2010 emissions each fiscal year, so as to 
        achieve zero net annual greenhouse gas emissions from the 
        agencies by fiscal year 2050.
    (c) Proportionate Share.--Each agency shall limit the quantity of 
its greenhouse gas emissions described in section 101(a) to its 
proportionate share so as to enable the agencies to achieve the targets 
promulgated under subsection (a). The Administrator shall promulgate 
annual reduction targets to be met by each agency to comply with this 
subsection.
    (d) Agency Plans for Managing Emissions.--
            (1) Submission.--Not later than 2 years after the date of 
        the enactment of this Act, each agency shall develop, submit to 
        the Administrator, and make publicly available on the agency's 
        website a plan for achieving the annual reduction targets 
        applicable to such agency under this section through fiscal 
        year 2020. Not later than 2 years before the 10-year period 
        beginning in 2021 and each subsequent 10-year period, the 
        agency shall develop, submit to the Administrator, and make 
        publicly available an updated plan for achieving such targets 
        for the respective period. Each plan developed under this 
        paragraph shall--
                    (A) identify the specific actions to be taken by 
                the agency; and
                    (B) estimate the quantity of reductions of 
                greenhouse gas emissions to be achieved through each 
                such action.
            (2) Certification.--Not later than 6 months after an agency 
        submits a plan under paragraph (1), the Administrator shall--
                    (A) certify that the plan is technically sound and, 
                if implemented, is expected to limit the quantity of 
                the agency's greenhouse gas emissions to its 
                proportionate share under subsection (c); or
                    (B) decline to certify the plan and provide an 
                explanation of the revisions that are necessary for the 
                plan to be certified under subparagraph (A).
            (3) Revision.--If the Administrator declines to certify the 
        plan of an agency under paragraph (2), the agency shall submit 
        to the Administrator and make publicly available on the 
        agency's website a revised plan not later than 6 months after 
        the date on which the Administrator provides the agency with 
        the explanation required by paragraph (2)(B).
    (e) Emissions Management.--
            (1) Requirement.--Each agency shall manage its greenhouse 
        gas emissions to meet the annual reduction targets applicable 
        to such agency under this section.
            (2) Revision of plan.--If any agency fails to meet such 
        targets for a fiscal year, as indicated by the inventory and 
        report prepared by the agency for such fiscal year, the agency 
        shall submit to the Administrator and make publicly available 
        on the agency's website a revised plan under subsection (d) not 
        later than March 31 of the following fiscal year. The 
        Administrator shall certify or decline to certify the revised 
        plan in accordance with subsection (d)(2) not later than 3 
        months after receipt of the revised plan.
            (3) Offsets.--
                    (A) Proposal.--If no national mandatory economy-
                wide cap-and-trade program for greenhouse gases has 
                been enacted by fiscal year 2010, the Administrator 
                shall develop and submit to the Congress by 2011 a 
                proposal to allow agencies to meet the annual reduction 
                targets applicable to such agencies under this section 
                in part through emissions offsets, beginning in fiscal 
                year 2015.
                    (B) Contents.--The proposal developed under 
                subparagraph (A) shall ensure that emissions offsets 
                are--
                            (i) real, surplus, verifiable, permanent, 
                        and enforceable; and
                            (ii) additional for both regulatory and 
                        financial purposes (such that the generator of 
                        the offset is not receiving credit or 
                        compensation for the offset in another 
                        regulatory or market context).
                    (C) Rulemaking.--If by 2012 the Congress has not 
                enacted a statute for the express purpose of codifying 
                the proposal developed under subparagraph (A) or an 
                alternative to such proposal, the Administrator shall 
                implement the proposal through rulemaking.
    (f) Management Strategies for Large Tracts of Public Lands.--The 
Forest Service, the Bureau of Land Management, the National Park 
Service, and the United States Fish and Wildlife Service shall--
            (1) within 2 years after the date of the enactment of this 
        Act, conduct studies of the opportunities for management 
        strategies, and identify those management strategies with the 
        greatest potential, to--
                    (A) enhance net biological sequestration of 
                greenhouse gases on Federal lands they manage while 
                avoiding harmful effects on other environmental values; 
                and
                    (B) reduce negative impacts of global warming on 
                biodiversity, water supplies, forest health, biological 
                sequestration and storage, and related values;
            (2) within 3 years after the date of the enactment of this 
        Act, implement programs on selected land management units in 
        different parts of the Nation to test the management strategies 
        identified as having the greatest potential to achieve the 
        benefits described in paragraph (1); and
            (3) report to the Congress on the results of the studies 
        and the management strategies identified.
    (g) Study on Urban and Wildland-Urban Forestry Programs.--Within 2 
years of the date of enactment of this Act, the Forest Service, in 
consultation with appropriate State and local agencies, shall conduct a 
study of the opportunities of urban and wildland-urban interface 
forestry programs to enhance net biological sequestration of greenhouse 
gases and achieve other benefits.
    (h) Reporting.--
            (1) Reports by agencies.--Not later than December 31 each 
        fiscal year, each agency shall submit to the Administrator and 
        make publicly available on the agency's website a report on the 
        agency's implementation of its plan required by subsection (d) 
        for the preceding fiscal year, including the inventory of 
        greenhouse gas emissions of the agency during such fiscal year.
            (2) Annual report to congress.--The Administrator shall 
        review each report submitted under paragraph (1) for technical 
        validity and compile such reports in an annual report on the 
        Federal Government's progress toward carbon neutrality. The 
        Administrator shall submit such annual report to the Committee 
        on Oversight and Government Reform of the House of 
        Representatives and the Committee on Governmental Affairs of 
        the Senate and make such annual report publicly available on 
        the Environmental Protection Agency's website.
            (3) Electronic submission.--In complying with any 
        requirement of this title for submission of inventories, plans, 
        or reports, an agency shall use electronic reporting in lieu of 
        paper copy reports.

SEC. 103. PILOT PROJECT FOR PURCHASE OF OFFSETS AND CERTIFICATES.

    (a) GAO Study.--No later than April 1, 2008, the Comptroller 
General of the United States shall issue the report requested by the 
Congress on May 17, 2007, regarding markets for greenhouse gas 
emissions offsets.
    (b) Pilot Project.--Executive agencies and legislative branch 
offices may purchase qualified greenhouse gas offsets and qualified 
renewable energy certificates in any open market transaction that 
complies with all applicable procurement rules and regulations.
    (c) Qualified Greenhouse Gas Offsets.--For purposes of this 
section, the term ``qualified greenhouse gas offset'' means a real, 
additional, verifiable, enforceable, and permanent domestic--
            (1) reduction of greenhouse gas emissions; or
            (2) sequestration of greenhouse gases.
    (d) Qualified Renewable Energy Certificates.--For purposes of this 
section, the term ``qualified renewable energy certificate'' means a 
certificate representing a specific amount of energy generated by a 
renewable energy project that is real, additional, and verifiable.
    (e) Guidance.--No later than September 30, 2008, the Administrator 
shall issue guidelines, for Executive agencies, establishing criteria 
for qualified greenhouse gas offsets and qualified renewable energy 
certificates. Such guidelines shall take into account the findings and 
recommendations of the report issued under subsection (a) and shall--
            (1) establish performance standards for greenhouse gas 
        offset projects that benchmark reliably expected greenhouse gas 
        reductions from identified categories of projects that reduce 
        greenhouse gas emissions or sequester carbon in accordance with 
        subsection (c); and
            (2) establish criteria for qualified renewable energy 
        certificates to ensure that energy generated is renewable and 
        is in accordance with subsection (d).
    (f) Report.--The Comptroller General of the United States shall 
evaluate the pilot program established by this section, including 
identifying environmental and other benefits of the program, as well as 
its financial costs and any disadvantages associated with the program. 
No later than April 1, 2011, the Comptroller General shall provide a 
report to the Committee on Oversight and Government Reform of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate providing the details of the 
evaluation and any recommendations for improvement.
    (g) Additional Definitions.--In this section:
            (1) Notwithstanding section 105(3) of this Act, the term 
        ``Executive agency'' has the meaning given to such term in 
        section 105 of title 5, United States Code.
            (2) The term ``renewable energy'' has the meaning given 
        that term in section 203(b) of the Energy Policy Act of 2005 
        (42 U.S.C. 15852(b)(2)), except that energy generated from 
        municipal solid waste shall not be renewable energy.
    (h) Authorization.--Of the amount of discretionary funds available 
to each Executive agency or legislative branch office for each of 
fiscal years 2009 and 2010, not more than 0.01 percent of such amount 
may be used for the purpose of carrying out this section. Such funding 
shall be in addition to any other funds available to the Executive 
agency or legislative branch office for such purpose.
    (i) Sunset Clause.--This section ceases to be effective at the end 
of fiscal year 2010.

SEC. 104. SAVINGS CLAUSE.

    Nothing in this Act or any amendment made by this Act shall be 
interpreted to preempt or limit the authority of a State to take any 
action to address global warming.

SEC. 105. DEFINITIONS.

    In this title:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``carbon dioxide equivalent'' means, for each 
        greenhouse gas, the quantity of the greenhouse gas that makes 
        the same contribution to global warming as 1 metric ton of 
        carbon dioxide, as determined by the Administrator, taking into 
        account the global warming potentials published by the 
        Intergovernmental Panel on Climate Change.
            (3) The term ``agency'' has the meaning given to that term 
        in section 551 of the National Energy Conservation Policy Act 
        (42 U.S.C. 8259).
            (4) The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) hydrofluorocarbons;
                    (E) perfluorocarbons;
                    (F) sulfur hexafluoride; or
                    (G) any other anthropogenically-emitted gas that 
                the Administrator, after notice and comment, determines 
                contributes to global warming to a non-negligible 
                degree.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to implement this title.

             TITLE II--FEDERAL GOVERNMENT ENERGY EFFICIENCY

SEC. 201. FEDERAL VEHICLE FLEETS.

    Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Vehicle Emission Requirements.--
            ``(1) Prohibition.--No Federal agency shall acquire a light 
        duty motor vehicle or medium duty passenger vehicle that is not 
        a low greenhouse gas emitting vehicle.
            ``(2) Guidance.--Each year, the Administrator of the 
        Environmental Protection Agency shall issue guidance 
        identifying the makes and model numbers of vehicles that are 
        low greenhouse gas emitting vehicles. In identifying such 
        vehicles, the Administrator shall take into account the most 
        stringent standards for vehicle greenhouse gas emissions 
        applicable to and enforceable against motor vehicle 
        manufacturers for vehicles sold anywhere in the United States. 
        The Administrator shall not identify any vehicle as a low 
        greenhouse gas emitting vehicle if the vehicle emits greenhouse 
        gases at a higher rate than such standards allow for the 
        manufacturer's fleet average grams per mile of carbon dioxide-
        equivalent emissions for that class of vehicle, taking into 
        account any emissions allowances and adjustment factors such 
        standards provide.
            ``(3) Definition.--For purposes of this subsection, the 
        term `medium duty passenger vehicle' has the meaning given that 
        term section 523.2 of title 49 of the Code of Federal 
        Regulations.''.

SEC. 202. AGENCY ANALYSES FOR MOBILITY ACQUISITIONS.

    (a) Cost Estimate Requirement.--Each Federal agency that owns, 
operates, maintains, or otherwise funds infrastructure, assets, or 
personnel to provide delivery of fuel to its operations shall apply 
activity based cost accounting principles to estimate the fully 
burdened cost of fuel.
    (b) Use of Cost Estimate.--Each agency shall use the fully burdened 
cost of fuel, as estimated under subsection (a), in conducting analyses 
and making decisions regarding its activities that create a demand for 
energy. Such analyses and decisions shall include--
            (1) the use of models, simulations, wargames, and other 
        analytical tools to determine the types of energy consuming 
        equipment that an agency needs to conduct its missions;
            (2) life-cycle cost benefit analyses and other trade-off 
        analyses for determining the cost effectiveness of measures 
        that improve the energy efficiency of an agency's equipment and 
        systems;
            (3) analyses and decisions conducted or made by others for 
        the agency; and
            (4) procurement and acquisition source selection criteria, 
        requests for proposals, and best value determinations.
    (c) Revision of Analytical Tools.--If a Federal agency employs 
models, simulations, wargames, or other analytical tools that require 
substantial upgrades to enable compliance with this section, the agency 
shall complete such necessary upgrades not later than 2 years after the 
date of enactment of this Act.
    (d) Definition.--For purposes of this section, the term ``fully 
burdened cost of fuel'' means the commodity price for the fuel plus the 
total cost of all personnel and assets required to move and, where 
applicable, protect, the fuel from the point at which the fuel is 
received from the commercial supplier to the point of use.

SEC. 203. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.

    (a) Amendments.--Section 553 of the National Energy Conservation 
Policy Act (42 U.S.C. 8259b) is amended--
            (1) in subsection (b)(1), by inserting ``in a product 
        category covered by the Energy Star program or the Federal 
        Energy Management Program for designated products'' after 
        ``energy consuming product'';
            (2) in subsection (b)(2)--
                    (A) by striking ``in writing that'' and all that 
                follows through ``(A) an Energy Star'' and inserting 
                ``in writing that an Energy Star''; and
                    (B) by striking ``account; or'' and all that 
                follows through ``requirements of the agency'' and 
                inserting ``account''; and
            (3) in subsection (c)--
                    (A) by inserting ``list in their catalogues, 
                represent as available, and'' after ``Logistics Agency 
                shall'';
                    (B) by striking ``where the agency'' and inserting 
                ``where the head of the agency''; and
                    (C) by striking ``writing that no Energy Star 
                product'' and all that follows through ``requirements, 
                or'' and inserting ``writing''.
    (b) Catalogue Listing Deadline.--Not later than 6 months after the 
date of enactment of this Act, the General Services Administration and 
the Defense Logistics Agency shall ensure that the prohibition in the 
amendment made under subsection (a)(2)(A) has been fully complied with.

SEC. 204. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.

    (a) Standards.--Section 305(a)(3) of the Energy Conservation and 
Production Act (42 U.S.C. 6834(a)(3)) is amended by adding at the end 
the following new subparagraph:
    ``(D) Not later than 1 year after the date of enactment of the 
Carbon-Neutral Government Act of 2007, the Secretary shall establish, 
by rule, revised Federal building energy efficiency performance 
standards that require that:
            ``(i) For new Federal buildings and Federal buildings 
        undergoing major renovations:
                    ``(I) The buildings shall be designed so that the 
                fossil fuel-generated energy consumption of the 
                buildings is reduced, as compared with such energy 
                consumption by a similar building in fiscal year 2003 
                (as measured by Commercial Buildings Energy Consumption 
                Survey or Residential Energy Consumption Survey data 
                from the Energy Information Agency), by the percentage 
                specified in the following table:

 
 
 
``Fiscal Year                            Percentage Reduction
  2010.................................  60
  2015.................................  70
  2020.................................  80
  2025.................................  90
  2030.................................  100.

                    ``(II) Sustainable design principles shall be 
                applied to the siting, design, and construction of such 
                buildings. For building types for which the United 
                States Green Building Council Leadership in Energy and 
                Environmental Design (LEED) certification for New 
                Construction and Major Renovation is applicable, such 
                buildings shall be designed to meet, at a minimum, the 
                LEED silver level standard (or any successor standard 
                thereto), or if any additional capital cost is 
                projected to be recoverable through energy and other 
                operational cost savings within 10 years, the LEED gold 
                level standard (or any successor standard thereto).
            ``(ii) In addition to any use of water conservation 
        technologies otherwise required by this section, water 
        conservation technologies shall be applied to the extent that 
        the technologies are life-cycle cost-effective.''.
    (b) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) in paragraph (6), by striking ``which is not legally 
        subject to State or local building codes or similar 
        requirements.'' and inserting ``. Such term shall include 
        buildings built for the purpose of being leased by a Federal 
        agency, and privatized military housing.''; and
            (2) by adding at the end the following new paragraph:
            ``(17) The term `major renovation' means the renovation of 
        a major component or substantial structural part of a building 
        that materially increases the value of the building, 
        substantially prolongs the useful life of the building, or 
        adapts the building to a new or different use.''.

SEC. 205. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY.

    (a) Benchmarking and Recommissioning.--Section 543 of the National 
Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at 
the end the following new subsections:
    ``(f) Energy Performance Benchmarking.--
            ``(1) Requirements.--Each Federal agency shall, with 
        respect to each of its Federal buildings with greater than 
        40,000 square feet of space or greater than $75,000 per year in 
        energy costs, annually benchmark the energy efficiency 
        performance of the building and, where feasible, rate that 
        performance compared to similar buildings.
            ``(2) Benchmarking and rating tool.--A Federal agency shall 
        use the Energy Star Portfolio Manager Buildings Benchmark Tool 
        in carrying out paragraph (1). If the building is a type of 
        building for which that tool does not allow rating the 
        building's comparative performance, and the Federal Energy 
        Management Program has identified an appropriate tool for 
        rating the building's comparative performance, the agency may 
        use such tool to benchmark and rate the building's performance.
            ``(3) Use of information to enhance building management.--
        The Federal facilities manager for each building subject to the 
        requirements in paragraph (1) shall use the benchmark 
        performance, rating, and annual energy costs to identify and 
        evaluate opportunities for improving the building's energy 
        efficiency performance and reducing costs.
            ``(4) Public disclosure.--Each Federal agency shall post 
        the benchmarking information generated under this subsection, 
        along with each building's annual energy use per square foot 
        and energy costs, on the agency's website. The agency shall 
        update such information each year, and shall include in such 
        reporting previous years' information to allow changes in 
        building performance to be tracked over time.
    ``(g) Recommissioning and Diagnostic Energy Audit.--
            ``(1) Requirement.--Each Federal agency shall each year 
        recommission or retrocommission, as applicable, and conduct a 
        diagnostic energy audit with respect to, approximately 20 
        percent of its Federal buildings with greater than 40,000 
        square feet of space or greater than $75,000 per year in energy 
        costs, so that all such buildings are recommissioned or 
        retrocommissioned, as applicable, and audited at least once 
        every 5 years.
            ``(2) Use of information to enhance building management.--
        The Federal facilities manager for each building and the agency 
        official responsible for facilities management shall use the 
        information produced from the energy audits under paragraph (1) 
        as a management tool for prioritizing capital expenditures for 
        maintenance and building upgrades and allocating such 
        expenditures within a facility and across all of the agency's 
        facilities, as applicable.
    ``(h) Large Capital Energy Investments.--Each Federal agency shall 
ensure that any large capital energy investment in an existing building 
that is not a major renovation but involves replacement of installed 
equipment, such as heating and cooling systems, or involves renovation, 
rehabilitation, expansion, or remodeling of existing space, employs the 
most energy efficient designs, systems, equipment, and controls that 
are life-cycle cost effective. Not later than 6 months after the date 
of enactment of the Carbon-Neutral Government Act of 2007, each Federal 
agency shall develop a process for reviewing each such large capital 
energy investment decision to ensure that the requirement of this 
subsection is met, and shall report to the Office of Management and 
Budget on the process established. This process shall incorporate the 
information produced under subsections (f) and (g). Not later than one 
year after the date of enactment of the Carbon-Neutral Government Act 
of 2007, the Office of Management and Budget shall evaluate and report 
to Congress on each agency's compliance with this subsection.''.
    (b) Metering.--Section 543(e)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting 
``By October 1, 2016, each agency shall also provide for equivalent 
metering of natural gas, steam, chilled water, and water, in accordance 
with guidelines established by the Secretary under paragraph (2).'' 
after ``buildings of the agency.''.

SEC. 206. LEASING.

    (a) In General.--Except as provided in subsection (b), effective 3 
years after the date of enactment of this Act, no Federal agency shall 
enter into a new contract to lease space in a building that has not 
earned the Energy Star label in the most recent year.
    (b) Exception.--If--
            (1) no space is available in such a building that meets an 
        agency's functional requirements, including locational needs; 
        or
            (2) the agency is proposing to remain in a building that 
        the agency has occupied previously,
the agency may enter into a contract to lease space in a building that 
has not earned the Energy Star label in the most recent year if the 
lease contract includes provisions requiring that, prior to occupancy, 
or in the case of a contract described in paragraph (2) not later than 
6 months after signing the contract, the space will be renovated for 
all energy efficiency improvements that would be cost effective over a 
5-year period or the life of the lease, whichever is greater, including 
improvements in lighting, windows, and heating, ventilation, and air 
conditioning systems.

SEC. 207. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

    No Federal agency shall enter into a contract for procurement of an 
alternative or synthetic fuel, including a fuel produced from non-
conventional petroleum sources, for any mobility-related use, other 
than for research or testing, unless the contract specifies that the 
lifecycle greenhouse gas emissions associated with the production and 
combustion of the fuel supplied under the contract must, on an ongoing 
basis, be less than or equal to such emissions from the equivalent 
conventional fuel produced from conventional petroleum sources.

SEC. 208. CONTRACTS FOR RENEWABLE ENERGY FOR EXECUTIVE AGENCIES.

    Section 501(b)(1) of title 40, United States Code, is amended--
            (1) in subparagraph (B), by striking ``A contract'' and 
        inserting ``Except as provided in subparagraph (C), a 
        contract''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Renewable energy contracts.--A contract for 
                renewable energy may be made for a period of not more 
                than 20 years. For the purposes of this subparagraph, 
                the term `renewable energy' has the meaning given that 
                term in section 203(b) of the Energy Policy Act of 2005 
                (42 U.S.C. 15852(b)(2)), except that energy generated 
                from municipal solid waste shall not be considered 
                renewable energy.''.

SEC. 209. GOVERNMENT EFFICIENCY STATUS REPORTS.

    (a) In General.--Each Federal agency subject to any of the 
requirements of this Act and the amendments made by this Act shall 
compile and submit to the Director of the Office of Management and 
Budget an annual Government efficiency status report on--
            (1) compliance by the agency with each of the requirements 
        of this Act and the amendments made by this Act;
            (2) the status of the implementation by the agency of 
        initiatives to improve energy efficiency, reduce energy costs, 
        and reduce emissions of greenhouse gases; and
            (3) savings to American taxpayers resulting from mandated 
        improvements under this Act and the amendments made by this 
        Act.
    (b) Submission.--Such report shall be submitted--
            (1) to the Director at such time as the Director requires;
            (2) in electronic, not paper, format; and
            (3) consistent with related reporting requirements.

SEC. 210. OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.

    (a) Reports.--Not later than April 1 of each year, the Director of 
the Office of Management and Budget shall submit an Annual Government 
Efficiency report to the Committee on Oversight and Government Reform 
of the House of Representatives and the Committee on Governmental 
Affairs of the Senate, which shall contain--
            (1) a summary of the information reported by agencies under 
        section 209;
            (2) an evaluation of the Government's overall progress 
        toward achieving the goals of this Act and the amendments made 
        by this Act; and
            (3) recommendations for additional actions necessary to 
        meet the goals of this Act and the amendments made by this Act.
    (b) Scorecards.--The Office of Management and Budget shall include 
in any annual energy scorecard it is otherwise required to submit a 
description of each agency's compliance with the requirements of this 
Act and the amendments made by this Act.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to implement this title.

SEC. 212. JUDICIAL REVIEW.

    (a) Final Agency Action.--Any nondiscretionary act or duty under 
this Act or any amendment made by this Act is a final agency action for 
the purposes of judicial review under chapter 7 of title 5, United 
States Code.
    (b) Venue for Certain Actions.--The United States Court of Appeals 
for the District of Columbia Circuit shall have exclusive jurisdiction 
over any petition for review of action of the Administrator in 
promulgating any rule under title I of this Act.
    (c) Limitations.--No action under chapter 7 of title 5, United 
States Code, may be commenced prior to 60 days after the date on which 
the plaintiff has given notice to the Federal agency concerned of the 
alleged violation of this Act or any amendment made by this Act.
    (d) Common Claims.--When civil actions arising under this Act or 
any amendment made by this Act are pending in the same court and 
involve one or more common questions of fact or common claims regarding 
the same alleged Federal agency failure or failures to act, the court 
may consolidate such claims into a single action for judicial review. 
When civil actions arising under this Act or any amendment made by this 
Act are pending in different districts and involve one or more common 
questions of fact or common claims regarding the same alleged Federal 
agency failure or failures to act, such actions may be consolidated 
pursuant to section 1407 of title 28, United States Code.
    (e) Aggrieved Persons.--A person shall be considered aggrieved 
within the meaning of this Act or any amendment made by this Act for 
purposes of obtaining judicial review under chapter 7 of title 5, 
United States Code, if the person alleges--
            (1) harm attributable to a Federal agency's failure to 
        reduce its greenhouse gas emissions in accordance with the 
        requirements under this Act or any amendment made by this Act, 
        or take other actions required under this Act or any amendment 
        made by this Act; or
            (2) a Federal agency's failure to collect and provide 
        information to the public as required by this Act or any 
        amendment made by this Act.
For purposes of this section, the term ``harm'' includes any effect of 
global warming, currently occurring or at risk of occurring, and the 
incremental exacerbation of any such effect or risk that is associated 
with relatively small increments of greenhouse gas emissions, even if 
the effect or risk is widely shared. An effect or risk associated with 
global warming is ``attributable'' to a Federal agency's failure to act 
as described in paragraph (1) if the failure to act results in larger 
emissions of greenhouse gases than would have been emitted had the 
Federal agency followed the requirements of this Act or any amendment 
made by this Act, as any such incremental additional emissions will 
exacerbate the pace, extent, and risks of global warming.
    (f) Remedy.--
            (1) In general.--In addition to the remedies available 
        under chapter 7 of title 5, United States Code, a court may 
        provide the remedies specified in this subsection.
            (2) Payment.--In any civil action alleging a violation of 
        this Act, if the court finds that an agency has significantly 
        violated this Act in its failure to perform any 
        nondiscretionary act or duty under this Act or any amendment 
        made by this Act, the court may award a payment, payable by the 
        United States Treasury, to be used for a beneficial mitigation 
        project recommended by the plaintiff or to compensate the 
        plaintiff for any impact from global warming suffered by the 
        plaintiff. The total payment for all claims by all plaintiffs 
        in any such action shall not exceed the amount provided in 
        section 1332(b) of title 28, United States Code. A court may 
        deny a second payment under this section if the court 
        determines that the plaintiff has filed multiple separate 
        actions that could reasonably have been combined into a single 
        action. No payment may be awarded under this paragraph for 
        violations of an agency's obligation to collect or report 
        information to the public. No court may award any payment under 
        this paragraph in any given year if the cumulative payments 
        awarded by courts under this paragraph in such year are equal 
        to or greater than $1,500,000.
            (3) Costs.--A court may award costs of litigation to any 
        substantially prevailing plaintiff or to any other plaintiff 
        whenever the court determines such an award is appropriate. 
        Such an award is appropriate when such litigation contributes 
        to the Federal agency's compliance with this Act or any 
        amendment made by this Act. Costs of litigation include 
        reasonable attorney fees and expert fees.
            (4) Exclusive remedy.--Notwithstanding any other provision 
        of Federal law--
                    (A) no plaintiff who is awarded a payment under 
                this subsection for a failure to perform a mandatory 
                duty under this Act or any amendment made by this Act 
                may be awarded a payment for such failure under any 
                other Federal law; and
                    (B) no plaintiff may be awarded a payment under 
                this subsection for a failure to perform a mandatory 
                duty under this Act or any amendment made by this Act 
                if the plaintiff has been awarded a payment for such 
                failure under any other Federal law.
    (g) No State Court Action.--No person may bring any action in State 
court alleging a violation of this Act or any amendment made by this 
Act.
    (h) Definition.--In this section, the term ``person'' means a 
United States person. In the case of an individual, such term means a 
citizen or national of the United States.
                                                 Union Calendar No. 187

110th CONGRESS

  1st Session

                               H. R. 2635

                      [Report No. 110-297, Part I]

_______________________________________________________________________

                                 A BILL

   To reduce the Federal Government's contribution to global warming 
 through measures that promote efficiency in the Federal Government's 
           management and operations, and for other purposes.

_______________________________________________________________________

                             August 3, 2007

Reported from the Committee on Oversight and Government Reform with an 
                               amendment

                             August 3, 2007

 Committees on Energy and Commerce, Armed Services, Transportation and 
    Infrastructure, Natural Resources, and Agriculture discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```