I 

110TH CONGRESS 

1ST SESSION H. R. 2635 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Carbon-Neutral Gov5 ernment Act of 2007’’. 

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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) The harms associated with global warming 

4 are serious and well recognized. These include the 

5 global retreat of mountain glaciers, reduction in 

6 snow cover extent, the earlier spring melting of riv7 ers and lakes, the accelerated rate of rise of sea lev8 els during the 20th century relative to the past few 

9 thousand years, and increased intensity of hurri10 canes and typhoons. 

11 (2) The risks associated with a global mean 

12 surface temperature increase above 2 °C (3.6 °F) 

13 above preindustrial temperature are grave. Accord14 ing to the Intergovernmental Panel on Climate 

15 Change, such temperature increases would increase 

16 the severity of ongoing alterations of terrestrial and 

17 marine environments, with potentially catastrophic 

18 results. Ongoing and projected effects include more 

19 prevalent droughts in dry regions, an increase in the 

20 spread of disease, a significant reduction in water 

21 storage in winter snowpack in mountainous regions 

22 with direct and important economic consequences, a 

23 precipitous rise in sea levels by the end of the cen24 tury, the potential devastation of coastal commu25 nities, severe and irreversible changes to natural eco26 systems such as the bleaching and destruction of 

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1 much of the world’s coral, and the potential extinc2 tion of 30 percent of all living species. 

3 (3) That these climate change risks are widely 

4 shared does not minimize the adverse affects indi5 vidual persons have suffered and will suffer because 

6 of global warming. 

7 (4) To preserve the ability to stabilize atmos8 pheric greenhouse gas concentrations at levels likely 

9 to protect against a temperature rise above 2 °C 

10 (3.6 °F) will require reductions of greenhouse gas 

11 emissions of 50 percent to 85 percent globally. 

12 (5) Achieving such reductions will require a 

13 multitude of actions across the global economy that 

14 may each address a relatively minute quantity of 

15 emissions, but will be cumulatively significant. 

16 (6) With only 5 percent of the world population, 

17 the United States emits approximately 20 percent of 

18 the world’s total greenhouse gas emissions, and must 

19 be a leader in addressing global warming. 

20 (7) The United States Government is the larg21 est energy consumer in the United States and is re22 sponsible for roughly 100,000,000 metric tons of 

23 CO2-equivalent emissions annually. 

24 (8) A reduction in greenhouse gas emissions by 

25 Federal agencies would slow the increase of global 

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1 emissions and hence of global warming. In addition, 

2 Federal action would accelerate the pace of develop3 ment and adoption of technologies that will be crit4 ical to addressing global warming in the United 

5 States and worldwide. 

6 (9) A failure by any Federal agency to comply 

7 with the provisions of this Act requiring reductions 

8 in its greenhouse gas emissions would exacerbate the 

9 pace and extent of global warming and the harms 

10 caused by the agency beyond what would otherwise 

11 occur. Although the emissions increments involved 

12 could be relatively small, such a failure allowing in13 crementally greater emissions would injure all 

14 United States citizens. 

15 (10) Improved management of Government op16 erations, including acquisitions and procurement and 

17 operation of Government facilities, can maximize the 

18 use of existing energy efficiency and renewable en19 ergy technologies to reduce global warming pollution, 

20 while saving taxpayers’ money, reducing our depend21 ence on oil, enhancing national security, cleaning the 

22 air, and protecting pristine places from drilling and 

23 mining. 

24 (11) Enhancing the accountability and trans25 parency of Government operations through setting 

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1 milestones for agency activities, planning, measuring 

2 results, tracking results over time, and public report3 ing can improve Government management and make 

4 Government operations more efficient and cost effec5 tive. 

6 TITLE I—FEDERAL GOVERN7 MENT INVENTORY AND MAN8 AGEMENT OF GREENHOUSE 

9 GAS EMISSIONS 

10 SEC. 101. INVENTORY OF FEDERAL GOVERNMENT GREEN11 HOUSE GAS EMISSIONS. 

12 (a) IN GENERAL.—Each agency shall, in accordance 

13 with the guidance issued under subsection (b), annually 

14 inventory and report its greenhouse gas emissions for the 

15 preceding fiscal year. Each such inventory and report shall 

16 indicate as discrete categories— 

17 (1) any direct emission of greenhouse gas as a 

18 result of an activity of the agency; 

19 (2) the quantity of indirect emissions of green20 house gases attributable to the generation of elec21 tricity used by the agency and commercial air travel 

22 by agency personnel; and 

23 (3) the quantity of emissions of greenhouse 

24 gases associated with the work performed for the 

25 agency by Federal contractors, comprising direct 

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1 emissions and indirect emissions associated with 

2 electricity used by, and commercial air travel by, 

3 such contractors. 

4 (b) GUIDANCE; ASSISTANCE.—Not later than 3 

5 months after the date of the enactment of this Act, the 

6 Administrator shall issue guidance for agencies for con7 ducting inventories under this section and reporting under 

8 section 102. Such guidance shall establish inventory and 

9 reporting procedures that are at least as rigorous as the 

10 inventory procedures established under the Environmental 

11 Protection Agency’s Climate Leaders program and shall 

12 define the scope of the inventories of direct emissions de13 scribed in subsection (a)(1) to be complete and consistent 

14 with the national obligation for reporting inventories 

15 under the United Nations Framework Convention on Cli16 mate Change. The Administrator shall provide assistance 

17 to agencies in preparing their inventories. 

18 (c) INITIAL INVENTORY BY AGENCIES.— 

19 (1) SUBMISSION.—Not later than 1 year after 

20 the date of the enactment of this Act, each agency 

21 shall submit to the Administrator and make publicly 

22 available on the agency’s website an initial inventory 

23 of the agency’s greenhouse gas emissions for the 

24 preceding fiscal year. 

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1 (2) CERTIFICATION.—Not later than 6 months 

2 after an agency submits an initial inventory under 

3 paragraph (1), the Administrator shall review the in4 ventory for compliance with the guidance issued 

5 under subsection (b) and— 

6 (A) certify that the inventory is technically 

7 valid; or 

8 (B) decline to certify the inventory and 

9 provide an explanation of the actions or revi10 sions that are necessary for the inventory to be 

11 certified under subparagraph (A). 

12 (3) REVISION.—If the Administrator declines to 

13 certify the inventory of an agency under paragraph 

14 (2)(B), the agency shall submit to the Administrator 

15 and make publicly available on the agency’s website 

16 a revised inventory not later than 6 months after the 

17 date on which the Administrator provides the agency 

18 with the explanation required by such paragraph. 

19 (d) FEDERAL LAND MANAGEMENT.—Beginning not 

20 later than 2 years after the date of enactment of this Act, 

21 the Secretary of the Interior and the Secretary of Agri22 culture shall include as a discrete category in any inven23 tory under this section any emission of greenhouse gas and 

24 any biological sequestration of greenhouse gases associ25 ated with land managed by the Bureau of Land Managemstockstill on PROD1PC66 with BILLS

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1 ment or the Forest Service. Such emissions and biological 

2 sequestration of greenhouse gases shall not be considered 

3 for the purposes of setting or measuring progress toward 

4 targets under section 102. 

5 SEC. 102. MANAGEMENT OF FEDERAL GOVERNMENT 

6 GREENHOUSE GAS EMISSIONS. 

7 (a) EMISSION REDUCTION TARGETS.—Not later than 

8 18 months after the date of the enactment of this Act, 

9 the Administrator shall promulgate annual reduction tar10 gets for the total quantity of greenhouse gas emissions de11 scribed in section 101(a), expressed as carbon dioxide 

12 equivalents, of all agencies, taken collectively, for each of 

13 fiscal years 2010 through 2050. 

14 (b) GOALS.—The targets promulgated under sub15 section (a) shall be calculated so as— 

16 (1) to prevent the total quantity of greenhouse 

17 gas emissions of all agencies in fiscal year 2011 and 

18 each subsequent fiscal year from exceeding the total 

19 quantity of such emissions in fiscal year 2010; and 

20 (2) to reduce such greenhouse gas emissions as 

21 rapidly as possible, but at a minimum by a quantity 

22 equal to 2 percent of projected fiscal year 2010 

23 emissions each fiscal year, so as to achieve zero net 

24 annual greenhouse gas emissions from the agencies 

25 by fiscal year 2050. 

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1 (c) PROPORTIONATE SHARE.—Each agency shall 

2 limit the quantity of its greenhouse gas emissions de3 scribed in section 101(a) to its proportionate share so as 

4 to enable the agencies to achieve the targets promulgated 

5 under subsection (a). The Administrator shall promulgate 

6 annual reduction targets to be met by each agency to com7 ply with this subsection. 

8 (d) AGENCY PLANS FOR MANAGING EMISSIONS.— 

9 (1) SUBMISSION.—Not later than 2 years after 

10 the date of the enactment of this Act, each agency 

11 shall develop, submit to the Administrator, and 

12 make publicly available on the agency’s website a 

13 plan for achieving the annual reduction targets ap14 plicable to such agency under this section through 

15 fiscal year 2020. Not later than 2 years before the 

16 10-year period beginning in 2021 and each subse17 quent 10-year period, the agency shall develop, sub18 mit to the Administrator, and make publicly avail19 able an updated plan for achieving such targets for 

20 the respective period. Each plan developed under 

21 this paragraph shall— 

22 (A) identify the specific actions to be taken 

23 by the agency; and 

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1 (B) estimate the quantity of reductions of 

2 greenhouse gas emissions to be achieved 

3 through each such action. 

4 (2) CERTIFICATION.—Not later than 6 months 

5 after an agency submits a plan under paragraph (1), 

6 the Administrator shall— 

7 (A) certify that the plan is technically 

8 sound and, if implemented, is expected to limit 

9 the quantity of the agency’s greenhouse gas 

10 emissions to its proportionate share under sub11 section (c); or 

12 (B) decline to certify the plan and provide 

13 an explanation of the revisions that are nec14 essary for the plan to be certified under sub15 paragraph (A). 

16 (3) REVISION.—If the Administrator declines to 

17 certify the plan of an agency under paragraph (2), 

18 the agency shall submit to the Administrator and 

19 make publicly available on the agency’s website a re20 vised plan not later than 6 months after the date on 

21 which the Administrator provides the agency with 

22 the explanation required by paragraph (2)(B). 

23 (e) EMISSIONS MANAGEMENT.— 

24 (1) REQUIREMENT.—Each agency shall manage 

25 its greenhouse gas emissions to meet the annual remstockstill on PROD1PC66 with BILLS

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1 duction targets applicable to such agency under this 

2 section. 

3 (2) REVISION OF PLAN.—If any agency fails to 

4 meet such targets for a fiscal year, as indicated by 

5 the inventory and report prepared by the agency for 

6 such fiscal year, the agency shall submit to the Ad7 ministrator and make publicly available on the agen8 cy’s website a revised plan under subsection (d) not 

9 later than March 31 of the following fiscal year. The 

10 Administrator shall certify or decline to certify the 

11 revised plan in accordance with subsection (d)(2) not 

12 later than 3 months after receipt of the revised plan. 

13 (3) OFFSETS.— 

14 (A) PROPOSAL.—If no national mandatory 

15 economy-wide cap-and-trade program for green16 house gases has been enacted by fiscal year 

17 2010, the Administrator shall develop and sub18 mit to the Congress by 2011 a proposal to allow 

19 agencies to meet the annual reduction targets 

20 applicable to such agencies under this section in 

21 part through emissions offsets, beginning in fis22 cal year 2015. 

23 (B) CONTENTS.—The proposal developed 

24 under subparagraph (A) shall ensure that emis25 sions offsets are— 

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1 (i) real, surplus, verifiable, permanent, 

2 and enforceable; and 

3 (ii) additional for both regulatory and 

4 financial purposes (such that the generator 

5 of the offset is not receiving credit or com6 pensation for the offset in another regu7 latory or market context). 

8 (C) RULEMAKING.—If by 2012 the Con9 gress has not enacted a statute for the express 

10 purpose of codifying the proposal developed 

11 under subparagraph (A) or an alternative to 

12 such proposal, the Administrator shall imple13 ment the proposal through rulemaking. 

14 (f) MANAGEMENT STRATEGIES FOR LARGE TRACTS

15 OF PUBLIC LANDS.—The Forest Service, the Bureau of 

16 Land Management, the National Park Service, and the 

17 United States Fish and Wildlife Service shall— 

18 (1) within 2 years after the date of the enact19 ment of this Act, conduct studies of the opportuni20 ties for management strategies, and identify those 

21 management strategies with the greatest potential, 

22 to— 

23 (A) enhance net biological sequestration of 

24 greenhouse gases on Federal lands they manage 

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1 while avoiding harmful effects on other environ2 mental values; and 

3 (B) reduce negative impacts of global 

4 warming on biodiversity, water supplies, forest 

5 health, biological sequestration and storage, and 

6 related values; 

7 (2) within 3 years after the date of the enact8 ment of this Act, implement programs on selected 

9 land management units in different parts of the Na10 tion to test the management strategies identified as 

11 having the greatest potential to achieve the benefits 

12 described in paragraph (1); and 

13 (3) report to the Congress on the results of the 

14 studies and the management strategies identified. 

15 (g) STUDY ON URBAN AND WILDLAND-URBAN FOR16 ESTRY PROGRAMS.—Within 2 years of the date of enact17 ment of this Act, the Forest Service, in consultation with 

18 appropriate State and local agencies, shall conduct a study 

19 of the opportunities of urban and wildland-urban interface 

20 forestry programs to enhance net biological sequestration 

21 of greenhouse gases and achieve other benefits. 

22 (h) REPORTING.— 

23 (1) REPORTS BY AGENCIES.—Not later than 

24 December 31 each fiscal year, each agency shall sub25 mit to the Administrator and make publicly available 

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1 on the agency’s website a report on the agency’s im2 plementation of its plan required by subsection (d) 

3 for the preceding fiscal year, including the inventory 

4 of greenhouse gas emissions of the agency during 

5 such fiscal year. 

6 (2) ANNUAL REPORT TO CONGRESS.—The Ad7 ministrator shall review each report submitted under 

8 paragraph (1) for technical validity and compile 

9 such reports in an annual report on the Federal 

10 Government’s progress toward carbon neutrality. 

11 The Administrator shall submit such annual report 

12 to the Committee on Oversight and Government Re13 form of the House of Representatives and the Com14 mittee on Governmental Affairs of the Senate and 

15 make such annual report publicly available on the 

16 Environmental Protection Agency’s website. 

17 (3) ELECTRONIC SUBMISSION.—In complying 

18 with any requirement of this title for submission of 

19 inventories, plans, or reports, an agency shall use 

20 electronic reporting in lieu of paper copy reports. 

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

22 CERTIFICATES. 

23 (a) PILOT PROJECT.—Executive agencies and legisla24 tive branch offices may purchase qualified greenhouse gas 

25 offsets and qualified renewable energy certificates in any 

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1 open market transaction that complies with all applicable 

2 procurement rules and regulations. 

3 (b) QUALIFIED GREENHOUSE GAS OFFSETS.—For 

4 purposes of this section, the term ‘‘qualified greenhouse 

5 gas offset’’ means a real, additional, verifiable, enforce6 able, and permanent domestic— 

7 (1) reduction of greenhouse gas emissions; or 

8 (2) sequestration of greenhouse gases. 

9 (c) QUALIFIED RENEWABLE ENERGY CERTIFI10 CATES.—For purposes of this section, the term ‘‘qualified 

11 renewable energy certificate’’ means a certificate rep12 resenting a specific amount of energy generated by a re13 newable energy project that is real, additional, and 

14 verifiable. 

15 (d) GUIDANCE.—No later than 180 days after the 

16 date of enactment of this section, the Administrator shall 

17 issue guidelines, for Executive agencies, establishing cri18 teria for qualified greenhouse gas offsets and qualified re19 newable energy certificates, which shall— 

20 (1) establish performance standards for green21 house gas offset projects that benchmark reliably ex22 pected greenhouse gas reductions from identified 

23 categories of projects that reduce greenhouse gas 

24 emissions or sequester carbon in accordance with 

25 subsection (b); and 

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1 (2) establish criteria for qualified renewable en2 ergy certificates to ensure that energy generated is 

3 renewable and is in accordance with subsection (c). 

4 (e) REPORT.—The Comptroller General of the United 

5 States shall evaluate the program established by this sec6 tion, including identifying environmental and other bene7 fits of the program, as well as its financial costs and any 

8 disadvantages associated with the program. No later than 

9 April 1, 2011, the Comptroller General shall provide a re10 port to the Committee on Oversight and Government Re11 form of the House of Representatives and the Committee 

12 on Homeland Security and Governmental Affairs of the 

13 Senate providing the details of the evaluation and any rec14 ommendations for improvement. 

15 (f) ADDITIONAL DEFINITIONS.—In this section: 

16 (1) Notwithstanding section 105(3) of this Act, 

17 the term ‘‘Executive agency’’ has the meaning given 

18 to such term in section 105 of title 5, United States 

19 Code. 

20 (2) The term ‘‘renewable energy’’ has the 

21 meaning given that term in section 203(b) of the 

22 Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)), 

23 except that energy generated from municipal solid 

24 waste shall not be renewable energy. 

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1 (g) AUTHORIZATION.—Of the amount appropriated 

2 to each Executive agency or legislative branch office for 

3 each of fiscal years 2009 and 2010, not more than 0.01 

4 percent of such amount may be used for the purpose of 

5 carrying out this section. Such funding shall be in addition 

6 to any other funds available to the Executive agency or 

7 legislative branch office for such purpose. 

8 (h) SUNSET CLAUSE.—This section ceases to be ef9 fective at the end of fiscal year 2010. 

10 SEC. 104. SAVINGS CLAUSE. 

11 Nothing in this Act shall be interpreted to preempt 

12 or limit the authority of a State to take any action to ad13 dress global warming. 

14 SEC. 105. DEFINITIONS. 

15 In this title: 

16 (1) The term ‘‘Administrator’’ means the Ad17 ministrator of the Environmental Protection Agency. 

18 (2) The term ‘‘carbon dioxide equivalent’’ 

19 means, for each greenhouse gas, the quantity of the 

20 greenhouse gas that makes the same contribution to 

21 global warming as 1 metric ton of carbon dioxide, as 

22 determined by the Administrator, taking into ac23 count the global warming potentials published by the 

24 Intergovernmental Panel on Climate Change. 

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1 (3) The term ‘‘agency’’ has the meaning given 

2 to that term in section 551 of the National Energy 

3 Conservation Policy Act (42 U.S.C. 8259). 

4 (4) The term ‘‘greenhouse gas’’ means— 

5 (A) carbon dioxide; 

6 (B) methane; 

7 (C) nitrous oxide; 

8 (D) hydrofluorocarbons; 

9 (E) perfluorocarbons; 

10 (F) sulfur hexafluoride; or 

11 (G) any other anthropogenically-emitted 

12 gas that the Administrator, after notice and 

13 comment, determines contributes to global 

14 warming to a non-negligible degree. 

15 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as may be necessary to implement this title. 

18 TITLE II—FEDERAL GOVERN19 MENT ENERGY EFFICIENCY 

20 SEC. 201. FEDERAL VEHICLE FLEETS. 

21 (a) AMENDMENTS.—Section 303 of the Energy Pol22 icy Act of 1992 (42 U.S.C. 13212) is amended— 

23 (1) by redesignating subsection (f) as sub24 section (g); and 

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1 (2) by inserting after subsection (e) the fol2 lowing new subsection: 

3 ‘‘(f) VEHICLE EMISSION REQUIREMENTS.— 

4 ‘‘(1) PROHIBITION.—No Federal agency shall 

5 acquire a light duty motor vehicle or medium duty 

6 passenger vehicle that fails, on an individual vehicle 

7 basis, to meet the numerical Greenhouse Gas Ex8 haust Mass Emission Requirement for the appro9 priate model year and vehicle type set out in section 

10 1961.1(a)(1)(A) of title 13, California Code of Regu11 lations, taking into account the emissions allowances 

12 and adjustment factors provided in that section. 

13 ‘‘(2) GUIDANCE.—Each year, the Administrator 

14 of the Environmental Protection Agency shall issue 

15 guidance identifying the vehicle makes and model 

16 numbers that satisfy the requirements of paragraph 

17 (1). 

18 ‘‘(3) DEFINITION.—For purposes of this sub19 section, the term ‘medium duty passenger vehicle’ 

20 has the meaning given that term section 523.2 of 

21 title 49 of the Code of Federal Regulations.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall take effect on the date that the State 

24 of California regulations referred to in the subsection 

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1 (f)(1) proposed to be inserted by subsection (a)(2) of this 

2 section take effect and become enforceable. 

3 SEC. 202. AGENCY ANALYSES FOR MOBILITY ACQUISITIONS. 

4 (a) COST ESTIMATE REQUIREMENT.—Each Federal 

5 agency that owns, operates, maintains, or otherwise funds 

6 infrastructure, assets, or personnel to provide delivery of 

7 fuel to its operations shall apply activity based cost ac8 counting principles to estimate the fully burdened cost of 

9 fuel. 

10 (b) USE OF COST ESTIMATE.—Each agency shall use 

11 the fully burdened cost of fuel, as estimated under sub12 section (a), in conducting analyses and making decisions 

13 regarding its activities that create a demand for energy. 

14 Such analyses and decisions shall include— 

15 (1) the use of models, simulations, wargames, 

16 and other analytical tools to determine the types of 

17 energy consuming equipment that an agency needs 

18 to conduct its missions; 

19 (2) life-cycle cost benefit analyses and other 

20 trade-off analyses for determining the cost effective21 ness of measures that improve the energy efficiency 

22 of an agency’s equipment and systems; 

23 (3) analyses and decisions conducted or made 

24 by others for the agency; and 

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1 (4) procurement and acquisition source selec2 tion criteria, requests for proposals, and best value 

3 determinations. 

4 (c) REVISION OF ANALYTICAL TOOLS.—If a Federal 

5 agency employs models, simulations, wargames, or other 

6 analytical tools that require substantial upgrades to enable 

7 compliance with this section, the agency shall complete 

8 such necessary upgrades not later than 2 years after the 

9 date of enactment of this Act. 

10 (d) DEFINITION.—For purposes of this section, the 

11 term ‘‘fully burdened cost of fuel’’ means the commodity 

12 price for the fuel plus the total cost of all personnel and 

13 assets required to move and, where applicable, protect, the 

14 fuel from the point at which the fuel is received from the 

15 commercial supplier to the point of use. 

16 SEC. 203. FEDERAL PROCUREMENT OF ENERGY EFFICIENT 

17 PRODUCTS. 

18 (a) AMENDMENTS.—Section 553 of the National En19 ergy Conservation Policy Act (42 U.S.C. 8259b) is amend20 ed— 

21 (1) in subsection (b)(1), by inserting ‘‘in a 

22 product category covered by the Energy Star pro23 gram or the Federal Energy Management Program 

24 for designated products’’ after ‘‘energy consuming 

25 product’’; 

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1 (2) in subsection (b)(2)— 

2 (A) by striking ‘‘in writing that’’ and all 

3 that follows through ‘‘(A) an Energy Star’’ and 

4 inserting ‘‘in writing that an Energy Star’’; and 

5 (B) by striking ‘‘account; or’’ and all that 

6 follows through ‘‘requirements of the agency’’ 

7 and inserting ‘‘account’’; and 

8 (3) in subsection (c)— 

9 (A) by inserting ‘‘list in their catalogues, 

10 represent as available, and’’ after ‘‘Logistics 

11 Agency shall’’; 

12 (B) by striking ‘‘where the agency’’ and in13 serting ‘‘where the head of the agency’’; and 

14 (C) by striking ‘‘writing that no Energy 

15 Star product’’ and all that follows through ‘‘re16 quirements, or’’ and inserting ‘‘writing’’. 

17 (b) CATALOGUE LISTING DEADLINE.—Not later than 

18 6 months after the date of enactment of this Act, the Gen19 eral Services Administration and the Defense Logistics 

20 Agency shall ensure that the prohibition in the amendment 

21 made under subsection (a)(2)(A) has been fully complied 

22 with. 

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1 SEC. 204. FEDERAL BUILDING ENERGY EFFICIENCY PER2 FORMANCE STANDARDS. 

3 (a) STANDARDS.—Section 305(a)(3) of the Energy 

4 Conservation and Production Act (42 U.S.C. 6834(a)(3)) 

5 is amended by adding at the end the following new sub6 paragraph: 

7 ‘‘(D) Not later than 1 year after the date of enact8 ment of the Carbon-Neutral Government Act of 2007, the 

9 Secretary shall establish, by rule, revised Federal building 

10 energy efficiency performance standards that require that: 

11 ‘‘(i) For new Federal buildings and Federal 

12 buildings undergoing major renovations: 

13 ‘‘(I) The buildings shall be designed so 

14 that the fossil fuel-generated energy consump15 tion of the buildings is reduced, as compared 

16 with such energy consumption by a similar 

17 building in fiscal year 2003 (as measured by 

18 Commercial Buildings Energy Consumption 

19 Survey or Residential Energy Consumption 

20 Survey data from the Energy Information 

21 Agency), by the percentage specified in the fol22 lowing table: 

‘‘Fiscal Year Percentage Reduction

2010 ....................................................................... 60

2015 ....................................................................... 70

2020 ....................................................................... 80

2025 ....................................................................... 90

2030 ....................................................................... 100. 

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1 ‘‘(II) Sustainable design principles shall be 

2 applied to the siting, design, and construction 

3 of such buildings. For building types for which 

4 the United States Green Building Council 

5 Leadership in Energy and Environmental De6 sign (LEED) certification for New Construction 

7 and Major Renovation is applicable, such build8 ings shall be designed to meet, at a minimum, 

9 the LEED silver level standard (or any suc10 cessor standard thereto), or if any additional 

11 capital cost is projected to be recoverable 

12 through energy and other operational cost sav13 ings within 10 years, the LEED gold level 

14 standard (or any successor standard thereto). 

15 ‘‘(ii) In addition to any use of water conserva16 tion technologies otherwise required by this section, 

17 water conservation technologies shall be applied to 

18 the extent that the technologies are life-cycle cost-ef19 fective.’’. 

20 (b) DEFINITIONS.—Section 303 of the Energy Con21 servation and Production Act (42 U.S.C. 6832) is amend22 ed— 

23 (1) in paragraph (6), by striking ‘‘which is not 

24 legally subject to State or local building codes or 

25 similar requirements.’’ and inserting ‘‘. Such term 

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1 shall include buildings built for the purpose of being 

2 leased by a Federal agency, and privatized military 

3 housing.’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(17) The term ‘major renovation’ means the 

7 renovation of a major component or substantial 

8 structural part of a building that materially in9 creases the value of the building, substantially pro10 longs the useful life of the building, or adapts the 

11 building to a new or different use.’’. 

12 SEC. 205. MANAGEMENT OF FEDERAL BUILDING EFFI13 CIENCY. 

14 (a) BENCHMARKING AND RECOMMISSIONING.—Sec15 tion 543 of the National Energy Conservation Policy Act 

16 (42 U.S.C. 8253) is amended by adding at the end the 

17 following new subsections: 

18 ‘‘(f) ENERGY PERFORMANCE BENCHMARKING.— 

19 ‘‘(1) REQUIREMENTS.—Each Federal agency 

20 shall, with respect to each of its Federal buildings 

21 with greater than 40,000 square feet of space or 

22 greater than $75,000 per year in energy costs, annu23 ally benchmark the energy efficiency performance of 

24 the building and, where feasible, rate that perform25 ance compared to similar buildings. 

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1 ‘‘(2) BENCHMARKING AND RATING TOOL.—A 

2 Federal agency shall use the Energy Star Portfolio 

3 Manager Buildings Benchmark Tool in carrying out 

4 paragraph (1). If the building is a type of building 

5 for which that tool does not allow rating the build6 ing’s comparative performance, and the Federal En7 ergy Management Program has identified an appro8 priate tool for rating the building’s comparative per9 formance, the agency may use such tool to bench10 mark and rate the building’s performance. 

11 ‘‘(3) USE OF INFORMATION TO ENHANCE

12 BUILDING MANAGEMENT.—The Federal facilities 

13 manager for each building subject to the require14 ments in paragraph (1) shall use the benchmark 

15 performance, rating, and annual energy costs to 

16 identify and evaluate opportunities for improving the 

17 building’s energy efficiency performance and reduc18 ing costs. 

19 ‘‘(4) PUBLIC DISCLOSURE.—Each Federal 

20 agency shall post the benchmarking information gen21 erated under this subsection, along with each build22 ing’s annual energy use per square foot and energy 

23 costs, on the agency’s website. The agency shall up24 date such information each year, and shall include in 

25 such reporting previous years’ information to allow 

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1 changes in building performance to be tracked over 

2 time. 

3 ‘‘(g) RECOMMISSIONING AND DIAGNOSTIC ENERGY

4 AUDIT.— 

5 ‘‘(1) REQUIREMENT.—Each Federal agency 

6 shall each year recommission or retrocommission, as 

7 applicable, and conduct a diagnostic energy audit 

8 with respect to, approximately 20 percent of its Fed9 eral buildings with greater than 40,000 square feet 

10 of space or greater than $75,000 per year in energy 

11 costs, so that all such buildings are recommissioned 

12 or retrocommissioned, as applicable, and audited at 

13 least once every 5 years. 

14 ‘‘(2) USE OF INFORMATION TO ENHANCE

15 BUILDING MANAGEMENT.—The Federal facilities 

16 manager for each building and the agency official re17 sponsible for facilities management shall use the in18 formation produced from the energy audits under 

19 paragraph (1) as a management tool for prioritizing 

20 capital expenditures for maintenance and building 

21 upgrades and allocating such expenditures within a 

22 facility and across all of the agency’s facilities, as 

23 applicable. 

24 ‘‘(h) LARGE CAPITAL ENERGY INVESTMENTS.—Each 

25 Federal agency shall ensure that any large capital energy 

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1 investment in an existing building that is not a major ren2 ovation but involves replacement of installed equipment, 

3 such as heating and cooling systems, or involves renova4 tion, rehabilitation, expansion, or remodeling of existing 

5 space, employs the most energy efficient designs, systems, 

6 equipment, and controls that are life-cycle cost effective. 

7 Not later than 6 months after the date of enactment of 

8 the Carbon-Neutral Government Act of 2007, each Fed9 eral agency shall develop a process for reviewing each such 

10 large capital energy investment decision to ensure that the 

11 requirement of this subsection is met, and shall report to 

12 the Office of Management and Budget on the process es13 tablished. This process shall incorporate the information 

14 produced under subsections (f) and (g). Not later than one 

15 year after the date of enactment of the Carbon-Neutral 

16 Government Act of 2007, the Office of Management and 

17 Budget shall evaluate and report to Congress on each 

18 agency’s compliance with this subsection.’’. 

19 (b) METERING.—Section 543(e)(1) of the National 

20 Energy Conservation Policy Act (42 U.S.C. 8253(e)(1)) 

21 is amended by inserting ‘‘By October 1, 2016, each agency 

22 shall also provide for equivalent metering of natural gas, 

23 steam, chilled water, and water, in accordance with guide24 lines established by the Secretary under paragraph (2).’’ 

25 after ‘‘buildings of the agency.’’. 

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1 SEC. 206. LEASING. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), effective 3 years after the date of enactment of this 

4 Act, no Federal agency shall enter into a new contract 

5 to lease space in a building that has not earned the Energy 

6 Star label in the most recent year. 

7 (b) EXCEPTION.—If— 

8 (1) no space is available in such a building that 

9 meets an agency’s functional requirements, including 

10 locational needs; or 

11 (2) the agency is proposing to remain in a 

12 building that the agency has occupied previously, 

13 the agency may enter into a contract to lease space in 

14 a building that has not earned the Energy Star label in 

15 the most recent year if the lease contract includes provi16 sions requiring that, prior to occupancy, or in the case 

17 of a contract described in paragraph (2) not later than 

18 6 months after signing the contract, the space will be ren19 ovated for all energy efficiency improvements that would 

20 be cost effective over a 5-year period or the life of the 

21 lease, whichever is greater, including improvements in 

22 lighting, windows, and heating, ventilation, and air condi23 tioning systems. 

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1 SEC. 207. PROCUREMENT AND ACQUISITION OF ALTER2 NATIVE FUELS. 

3 No Federal agency shall enter into a contract for pro4 curement of an alternative or synthetic fuel, including a 

5 fuel produced from non-conventional petroleum sources, 

6 for any mobility-related use, other than for research or 

7 testing, unless the contract specifies that the lifecycle 

8 greenhouse gas emissions associated with the production 

9 and combustion of the fuel supplied under the contract 

10 must, on an ongoing basis, be less than or equal to or 

11 less than such emissions from the equivalent conventional 

12 fuel produced from conventional petroleum sources. 

13 SEC. 208. CONTRACTS FOR RENEWABLE ENERGY FOR EX14 ECUTIVE AGENCIES. 

15 Section 501(b)(1) of title 40, United States Code, is 

16 amended— 

17 (1) in subparagraph (B), by striking ‘‘A con18 tract’’ and inserting ‘‘Except as provided in subpara19 graph (C), a contract’’; and 

20 (2) by adding at the end the following new sub21 paragraph: 

22 ‘‘(C) RENEWABLE ENERGY CONTRACTS.— 

23 A contract for renewable energy may be made 

24 for a period of not more than 20 years. For the 

25 purposes of this subparagraph, the term ‘renew26 able energy’ has the meaning given that term in 

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1 section 203(b) of the Energy Policy Act of 

2 2005 (42 U.S.C. 15852(b)(2)), except that en3 ergy generated from municipal solid waste shall 

4 not be considered renewable energy.’’. 

5 SEC. 209. GOVERNMENT EFFICIENCY STATUS REPORTS. 

6 (a) IN GENERAL.—Each Federal agency subject to 

7 any of the requirements of this Act and the amendments 

8 made by this Act shall compile and submit to the Director 

9 of the Office of Management and Budget an annual Gov10 ernment efficiency status report on— 

11 (1) compliance by the agency with each of the 

12 requirements of this Act and the amendments made 

13 by this Act; and 

14 (2) the status of the implementation by the 

15 agency of initiatives to improve energy efficiency, re16 duce energy costs, and reduce emissions of green17 house gases. 

18 (b) SUBMISSION.—Such report shall be submitted— 

19 (1) to the Director at such time as the Director 

20 requires; 

21 (2) in electronic, not paper, format; and 

22 (3) consistent with related reporting require23 ments. 

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1 SEC. 210. OMB GOVERNMENT EFFICIENCY REPORTS AND 

2 SCORECARDS. 

3 (a) REPORTS.—Not later than April 1 of each year, 

4 the Director of the Office of Management and Budget 

5 shall submit an Annual Government Efficiency report to 

6 the Committee on Oversight and Government Reform of 

7 the House of Representatives and the Committee on Gov8 ernmental Affairs of the Senate, which shall contain— 

9 (1) a summary of the information reported by 

10 agencies under section 209; 

11 (2) an evaluation of the Government’s overall 

12 progress toward achieving the goals of this Act and 

13 the amendments made by this Act; and 

14 (3) recommendations for additional actions nec15 essary to meet the goals of this Act and the amend16 ments made by this Act. 

17 (b) SCORECARDS.—The Office of Management and 

18 Budget shall include in any annual energy scorecard it is 

19 otherwise required to submit a description of each agen20 cy’s compliance with the requirements of this Act and the 

21 amendments made by this Act. 

22 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to implement this title. 

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1 SEC. 212. JUDICIAL REVIEW. 

2 (a) FINAL AGENCY ACTION.—Any nondiscretionary 

3 act or duty under this Act or any amendment made by 

4 this Act is a final agency action for the purposes of judi5 cial review under chapter 7 of title 5, United States Code. 

6 Except as inconsistent with this section, the provisions of 

7 such chapter shall apply to actions under this section. 

8 (b) CITIZEN SUITS.—Except as otherwise provided in 

9 subsection (c), a person aggrieved within the meaning of 

10 this Act may commence a civil action against any Federal 

11 agency that has a responsibility under this Act or any 

12 amendment made by this Act where there is an alleged 

13 failure of such agency— 

14 (1) to collect and report information to the pub15 lic via its website as required under this Act or any 

16 amendment made by this Act, including collecting 

17 and reporting such information according to the 

18 schedules set forth in this Act or any amendment 

19 made by this Act; 

20 (2) to perform any nondiscretionary act or duty 

21 under this Act or any amendment made by this Act 

22 other than those duties identified in paragraph (1); 

23 or 

24 (3) to perform any nondiscretionary act or duty 

25 according to the schedules set forth in this Act or 

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1 any amendment made by this Act other than those 

2 duties identified in paragraph (1). 

3 In a civil action under this subsection, the district courts 

4 of the United States shall have jurisdiction, without re5 gard to the amount in controversy or the citizenship of 

6 the parties, to order a Federal agency to perform such 

7 act or duty. The courts shall advance on the docket, and 

8 expedite the disposition of, all causes filed therein pursu9 ant to this subsection. If the court finds that a Federal 

10 agency has failed to comply with a deadline established 

11 in this Act or any amendment made by this Act, the court 

12 shall have jurisdiction to order appropriate relief, includ13 ing relief that will ensure the Federal agency’s compliance 

14 with future deadlines for the same circumstances. 

15 (c) LIMITATION.—No action may be commenced 

16 under subsection (b) prior to 60 days after the date on 

17 which the plaintiff has given notice of the alleged failure 

18 to the Federal agency concerned. 

19 (d) LITIGATION COSTS.—In any judicial proceeding 

20 under this section, the court may award costs of litigation, 

21 including reasonable attorney fees and expert fees, to any 

22 substantially prevailing plaintiff or to any other plaintiff 

23 whenever the court determines such an award is appro24 priate. Such an award, and an award under subsection 

25 (e), is appropriate when such litigation contributes to a 

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1 Federal agency’s compliance with this Act or any amend2 ment made by this Act. 

3 (e) REMEDY.—With respect to a claim under sub4 section (b)(2) or (b)(3), in addition to any relief author5 ized under chapter 7 of title 5, United States Code, a 

6 court may award a payment up to the amount provided 

7 in section 1332(b) of title twenty-eight, United States 

8 Code, for a significant violation of this Act, payable by 

9 the United States Treasury, to a plaintiff to mitigate any 

10 impact from global warming suffered by the plaintiff, or 

11 to be used in a beneficial mitigation project selected by 

12 the plaintiff that is consistent with this Act. 

13 (f) PRESERVATION OF OTHER RELIEF.—Nothing in 

14 this section shall restrict any right which any person, or 

15 class of persons, may have under any statute or common 

16 law to seek enforcement of this Act or any amendment 

17 made by this Act, or any rule thereunder, or to seek any 

18 other relief. 

19 (g) DEFINITION.—For the purposes of this section, 

20 and consistent with the findings in section 2, a person is 

21 ‘‘aggrieved’’ if a Federal agency fails to reduce its green22 house gas emissions in accordance with the requirements 

23 under this Act or any amendment made by this Act, or 

24 if a Federal agency fails to collect and provide information 

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1 to the public as required by this Act or any amendment 

2 made by this Act. 

Æ 

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