IB 

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 


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[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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Carbon-Neutral Government Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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Sec. 211. Authorization of appropriations. 

Sec. 212. Judicial review. 

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 snow 

6 cover extent, the earlier spring melting of rivers and 

7 lakes, the accelerated rate of rise of sea levels during 

8 the 20th century relative to the past few thousand 

9 years, and increased intensity of hurricanes and ty10 phoons. 

11 (2) The risks associated with a global mean sur12 face temperature increase above 2 °C (36 °F) above 

13 preindustrial temperature are grave. According to the 

14 Intergovernmental Panel on Climate Change, such 

15 temperature increases would increase the severity of 

16 ongoing alterations of terrestrial and marine environ17 ments, with potentially catastrophic results. Ongoing 

18 and projected effects include more prevalent droughts 

19 in dry regions, an increase in the spread of disease, 

20 a significant reduction in water storage in winter 

21 snowpack in mountainous regions with direct and 

22 important economic consequences, a precipitous rise 

23 in sea levels by the end of the century, the potential 

24 devastation of coastal communities, severe and irreVerDate Aug 31 2005 02:50 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2635.RH H2635

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1 versible changes to natural ecosystems such as the 

2 bleaching and destruction of much of the world’s 

3 coral, and the potential extinction of 30 percent of all 

4 living species. 

5 (3) That these climate change risks are widely 

6 shared does not minimize the adverse effects indi7 vidual persons have suffered and will suffer because of 

8 global warming. 

9 (4) To preserve the ability to stabilize atmos10 pheric greenhouse gas concentrations at levels likely to 

11 protect against a temperature rise above 2 °C (36 °F) 

12 will require reductions of greenhouse gas emissions of 

13 50 percent to 85 percent globally. 

14 (5) Achieving such reductions will require a 

15 multitude of actions across the global economy that 

16 may each address a relatively minute quantity of 

17 emissions, but will be cumulatively significant. 

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

19 the United States emits approximately 20 percent of 

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

21 be a leader in addressing global warming. 

22 (7) The United States Government is the largest 

23 energy consumer in the United States and is respon24 sible for roughly 100,000,000 metric tons of CO2- 

25 equivalent emissions annually. 


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1 (8) A reduction in greenhouse gas emissions by 

2 Federal agencies would slow the increase of global 

3 emissions and hence of global warming. In addition, 

4 Federal action would accelerate the pace of develop5 ment and adoption of technologies that will be critical 

6 to addressing global warming in the United States 

7 and worldwide. 

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

9 with the provisions of this Act requiring reductions in 

10 its greenhouse gas emissions would exacerbate the 

11 pace and extent of global warming and the harms 

12 caused by the agency beyond what would otherwise 

13 occur. Although the emissions increments involved 

14 could be relatively small, such a failure allowing in15 crementally greater emissions would injure all United 

16 States citizens. 

17 (10) Improved management of Government oper18 ations, including acquisitions and procurement and 

19 operation of Government facilities, can maximize the 

20 use of existing energy efficiency and renewable energy 

21 technologies to reduce global warming pollution, while 

22 saving taxpayers’ money, reducing our dependence on 

23 oil, enhancing national security, cleaning the air, and 

24 protecting pristine places from drilling and mining. 


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1 (11) Enhancing the accountability and trans2 parency of Government operations through setting 

3 milestones for agency activities, planning, measuring 

4 results, tracking results over time, and public report5 ing can improve Government management and make 

6 Government operations more efficient and cost effec7 tive. 

8 TITLE I—FEDERAL GOVERN9 MENT INVENTORY AND MAN10 AGEMENT OF GREENHOUSE 

11 GAS EMISSIONS 

12 SEC. 101. INVENTORY OF FEDERAL GOVERNMENT GREEN13 HOUSE GAS EMISSIONS. 

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

15 with the guidance issued under subsection (b), annually in16 ventory and report its greenhouse gas emissions for the pre17 ceding fiscal year. Each such inventory and report shall 

18 indicate as discrete categories— 

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

20 result of an activity of the agency; 

21 (2) the quantity of indirect emissions of green22 house gases attributable to the generation of electricity 

23 used by the agency and commercial air travel by 

24 agency personnel; and 


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1 (3) the quantity of emissions of greenhouse gases 

2 associated with the work performed for the agency by 

3 Federal contractors, comprising direct emissions and 

4 indirect emissions associated with electricity used by, 

5 and commercial air travel by, such contractors. 

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

7 after the date of the enactment of this Act, the Adminis8 trator shall issue guidance for agencies for conducting in9 ventories under this section and reporting under section 

10 102. Such guidance shall establish inventory and reporting 

11 procedures that are at least as rigorous as the inventory 

12 procedures established under the Environmental Protection 

13 Agency’s Climate Leaders program and shall define the 

14 scope of the inventories of direct emissions described in sub15 section (a)(1) to be complete and consistent with the na16 tional obligation for reporting inventories under the United 

17 Nations Framework Convention on Climate Change. The 

18 Administrator shall provide assistance to agencies in pre19 paring their inventories. 

20 (c) INITIAL INVENTORY BY AGENCIES.— 

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

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

23 shall submit to the Administrator and make publicly 

24 available on the agency’s website an initial inventory 


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1 of the agency’s greenhouse gas emissions for the pre2 ceding fiscal year. 

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

4 after an agency submits an initial inventory under 

5 paragraph (1), the Administrator shall review the in6 ventory for compliance with the guidance issued 

7 under subsection (b) and— 

8 (A) certify that the inventory is technically 

9 valid; or 

10 (B) decline to certify the inventory and pro11 vide an explanation of the actions or revisions 

12 that are necessary for the inventory to be cer13 tified under subparagraph (A). 

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

15 certify the inventory of an agency under paragraph 

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

17 and make publicly available on the agency’s website 

18 a revised inventory not later than 6 months after the 

19 date on which the Administrator provides the agency 

20 with the explanation required by such paragraph. 

21 (d) FEDERAL LAND MANAGEMENT.—Beginning not 

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

23 the Secretary of the Interior and the Secretary of Agri24 culture shall include as a discrete category in any inventory 

25 under this section any emission of greenhouse gas and any 


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1 biological sequestration of greenhouse gases associated with 

2 land managed by the Bureau of Land Management or the 

3 Forest Service. Such emissions and biological sequestration 

4 of greenhouse gases shall not be considered for the purposes 

5 of setting or measuring progress toward targets under sec6 tion 102. 

7 SEC. 102. MANAGEMENT OF FEDERAL GOVERNMENT 

8 GREENHOUSE GAS EMISSIONS. 

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

10 18 months after the date of the enactment of this Act, the 

11 Administrator shall promulgate annual reduction targets 

12 for the total quantity of greenhouse gas emissions described 

13 in section 101(a), expressed as carbon dioxide equivalents, 

14 of all agencies, taken collectively, for each of fiscal years 

15 2010 through 2050. 

16 (b) GOALS.—The targets promulgated under subsection 

17 (a) shall be calculated so as— 

18 (1) to prevent the total quantity of greenhouse 

19 gas emissions of all agencies in fiscal year 2011 and 

20 each subsequent fiscal year from exceeding the total 

21 quantity of such emissions in fiscal year 2010; and 

22 (2) to reduce such greenhouse gas emissions as 

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

24 equal to 2 percent of projected fiscal year 2010 emis25 sions each fiscal year, so as to achieve zero net annual 


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1 greenhouse gas emissions from the agencies by fiscal 

2 year 2050. 

3 (c) PROPORTIONATE SHARE.—Each agency shall limit 

4 the quantity of its greenhouse gas emissions described in 

5 section 101(a) to its proportionate share so as to enable the 

6 agencies to achieve the targets promulgated under sub7 section (a). The Administrator shall promulgate annual re8 duction targets to be met by each agency to comply with 

9 this subsection. 

10 (d) AGENCY PLANS FOR MANAGING EMISSIONS.— 

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

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

13 shall develop, submit to the Administrator, and make 

14 publicly available on the agency’s website a plan for 

15 achieving the annual reduction targets applicable to 

16 such agency under this section through fiscal year 

17 2020. Not later than 2 years before the 10-year period 

18 beginning in 2021 and each subsequent 10-year pe19 riod, the agency shall develop, submit to the Adminis20 trator, and make publicly available an updated plan 

21 for achieving such targets for the respective period. 

22 Each plan developed under this paragraph shall— 

23 (A) identify the specific actions to be taken 

24 by the agency; and 


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1 (B) estimate the quantity of reductions of 

2 greenhouse gas emissions to be achieved through 

3 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 emis10 sions to its proportionate share under subsection 

11 (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 subpara15 graph (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 the 

22 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 reVerDate Aug 31 2005 02:50 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2635.RH H2635

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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 the 

5 inventory and report prepared by the agency for such 

6 fiscal year, the agency shall submit to the Adminis7 trator and make publicly available on the agency’s 

8 website a revised plan under subsection (d) not later 

9 than March 31 of the following fiscal year. The Ad10 ministrator shall certify or decline to certify the re11 vised 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 2010, 

17 the Administrator shall develop and submit to 

18 the Congress by 2011 a proposal to allow agen19 cies to meet the annual reduction targets appli20 cable to such agencies under this section in part 

21 through emissions offsets, beginning in fiscal 

22 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 Congress 

9 has not enacted a statute for the express purpose 

10 of codifying the proposal developed under sub11 paragraph (A) or an alternative to such pro12 posal, the Administrator shall implement the 

13 proposal through rulemaking. 

14 (f) MANAGEMENT STRATEGIES FOR LARGE TRACTS OF

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

16 Management, the National Park Service, and the United 

17 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 opportunities 

20 for management strategies, and identify those man21 agement strategies with the greatest potential, to— 

22 (A) enhance net biological sequestration of 

23 greenhouse gases on Federal lands they manage 

24 while avoiding harmful effects on other environ25 mental values; and 


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1 (B) reduce negative impacts of global 

2 warming on biodiversity, water supplies, forest 

3 health, biological sequestration and storage, and 

4 related values; 

5 (2) within 3 years after the date of the enact6 ment of this Act, implement programs on selected 

7 land management units in different parts of the Na8 tion to test the management strategies identified as 

9 having the greatest potential to achieve the benefits 

10 described in paragraph (1); and 

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

12 studies and the management strategies identified. 

13 (g) STUDY ON URBAN AND WILDLAND-URBAN FOR14 ESTRY PROGRAMS.—Within 2 years of the date of enact15 ment of this Act, the Forest Service, in consultation with 

16 appropriate State and local agencies, shall conduct a study 

17 of the opportunities of urban and wildland-urban interface 

18 forestry programs to enhance net biological sequestration of 

19 greenhouse gases and achieve other benefits. 

20 (h) REPORTING.— 

21 (1) REPORTS BY AGENCIES.—Not later than De22 cember 31 each fiscal year, each agency shall submit 

23 to the Administrator and make publicly available on 

24 the agency’s website a report on the agency’s imple25 mentation of its plan required by subsection (d) for 


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1 the preceding fiscal year, including the inventory of 

2 greenhouse gas emissions of the agency during such 

3 fiscal year. 

4 (2) ANNUAL REPORT TO CONGRESS.—The Ad5 ministrator shall review each report submitted under 

6 paragraph (1) for technical validity and compile such 

7 reports in an annual report on the Federal Govern8 ment’s progress toward carbon neutrality. The Ad9 ministrator shall submit such annual report to the 

10 Committee on Oversight and Government Reform of 

11 the House of Representatives and the Committee on 

12 Governmental Affairs of the Senate and make such 

13 annual report publicly available on the Environ14 mental Protection Agency’s website. 

15 (3) ELECTRONIC SUBMISSION.—In complying 

16 with any requirement of this title for submission of 

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

18 electronic reporting in lieu of paper copy reports. 

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

20 CERTIFICATES. 

21 (a) GAO STUDY.—No later than April 1, 2008, the 

22 Comptroller General of the United States shall issue the re23 port requested by the Congress on May 17, 2007, regarding 

24 markets for greenhouse gas emissions offsets. 


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1 (b) PILOT PROJECT.—Executive agencies and legisla2 tive branch offices may purchase qualified greenhouse gas 

3 offsets and qualified renewable energy certificates in any 

4 open market transaction that complies with all applicable 

5 procurement rules and regulations. 

6 (c) QUALIFIED GREENHOUSE GAS OFFSETS.—For 

7 purposes of this section, the term ‘‘qualified greenhouse gas 

8 offset’’ means a real, additional, verifiable, enforceable, and 

9 permanent domestic— 

10 (1) reduction of greenhouse gas emissions; or 

11 (2) sequestration of greenhouse gases. 

12 (d) QUALIFIED RENEWABLE ENERGY CERTIFI13 CATES.—For purposes of this section, the term ‘‘qualified 

14 renewable energy certificate’’ means a certificate rep15 resenting a specific amount of energy generated by a renew16 able energy project that is real, additional, and verifiable. 

17 (e) GUIDANCE.—No later than September 30, 2008, the 

18 Administrator shall issue guidelines, for Executive agencies, 

19 establishing criteria for qualified greenhouse gas offsets and 

20 qualified renewable energy certificates. Such guidelines 

21 shall take into account the findings and recommendations 

22 of the report issued under subsection (a) and shall— 

23 (1) establish performance standards for green24 house gas offset projects that benchmark reliably ex25 pected greenhouse gas reductions from identified catVerDate Aug 31 2005 02:50 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H2635.RH H2635

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1 egories of projects that reduce greenhouse gas emis2 sions or sequester carbon in accordance with sub3 section (c); and 

4 (2) establish criteria for qualified renewable en5 ergy certificates to ensure that energy generated is re6 newable and is in accordance with subsection (d). 

7 (f) REPORT.—The Comptroller General of the United 

8 States shall evaluate the pilot program established by this 

9 section, including identifying environmental and other ben10 efits of the program, as well as its financial costs and any 

11 disadvantages associated with the program. No later than 

12 April 1, 2011, the Comptroller General shall provide a re13 port to the Committee on Oversight and Government Re14 form of the House of Representatives and the Committee 

15 on Homeland Security and Governmental Affairs of the 

16 Senate providing the details of the evaluation and any rec17 ommendations for improvement. 

18 (g) ADDITIONAL DEFINITIONS.—In this section: 

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

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

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

22 Code. 

23 (2) The term ‘‘renewable energy’’ has the mean24 ing given that term in section 203(b) of the Energy 

25 Policy Act of 2005 (42 U.S.C. 15852(b)(2)), except 


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1 that energy generated from municipal solid waste 

2 shall not be renewable energy. 

3 (h) AUTHORIZATION.—Of the amount of discretionary 

4 funds available to each Executive agency or legislative 

5 branch office for each of fiscal years 2009 and 2010, not 

6 more than 0.01 percent of such amount may be used for 

7 the purpose of carrying out this section. Such funding shall 

8 be in addition to any other funds available to the Executive 

9 agency or legislative branch office for such purpose. 

10 (i) SUNSET CLAUSE.—This section ceases to be effec11 tive at the end of fiscal year 2010. 

12 SEC. 104. SAVINGS CLAUSE. 

13 Nothing in this Act or any amendment made by this 

14 Act shall be interpreted to preempt or limit the authority 

15 of a State to take any action to address global warming. 

16 SEC. 105. DEFINITIONS. 

17 In this title: 

18 (1) The term ‘‘Administrator’’ means the Admin19 istrator of the Environmental Protection Agency. 

20 (2) The term ‘‘carbon dioxide equivalent’’ means, 

21 for each greenhouse gas, the quantity of the green22 house gas that makes the same contribution to global 

23 warming as 1 metric ton of carbon dioxide, as deter24 mined by the Administrator, taking into account the 


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1 global warming potentials published by the Intergov2 ernmental Panel on Climate Change. 

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

4 that term in section 551 of the National Energy Con5 servation Policy Act (42 U.S.C. 8259). 

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

7 (A) carbon dioxide; 

8 (B) methane; 

9 (C) nitrous oxide; 

10 (D) hydrofluorocarbons; 

11 (E) perfluorocarbons; 

12 (F) sulfur hexafluoride; or 

13 (G) any other anthropogenically-emitted gas 

14 that the Administrator, after notice and com15 ment, determines contributes to global warming 

16 to a non-negligible degree. 

17 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums as 

19 may be necessary to implement this title. 

20 TITLE II—FEDERAL GOVERN21 MENT ENERGY EFFICIENCY 

22 SEC. 201. FEDERAL VEHICLE FLEETS. 

23 Section 303 of the Energy Policy Act of 1992 (42 

24 U.S.C. 13212) is amended— 


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1 (1) by redesignating subsection (f) as subsection 

2 (g); and 

3 (2) by inserting after subsection (e) the following 

4 new subsection: 

5 ‘‘(f) VEHICLE EMISSION REQUIREMENTS.— 

6 ‘‘(1) PROHIBITION.—No Federal agency shall ac7 quire a light duty motor vehicle or medium duty pas8 senger vehicle that is not a low greenhouse gas emit9 ting vehicle. 

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

11 of the Environmental Protection Agency shall issue 

12 guidance identifying the makes and model numbers of 

13 vehicles that are low greenhouse gas emitting vehicles. 

14 In identifying such vehicles, the Administrator shall 

15 take into account the most stringent standards for ve16 hicle greenhouse gas emissions applicable to and en17 forceable against motor vehicle manufacturers for ve18 hicles sold anywhere in the United States. The Ad19 ministrator shall not identify any vehicle as a low 

20 greenhouse gas emitting vehicle if the vehicle emits 

21 greenhouse gases at a higher rate than such standards 

22 allow for the manufacturer’s fleet average grams per 

23 mile of carbon dioxide-equivalent emissions for that 

24 class of vehicle, taking into account any emissions alVerDate Aug 31 2005 02:50 Aug 04, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H2635.RH H2635

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1 lowances and adjustment factors such standards pro2 vide. 

3 ‘‘(3) DEFINITION.—For purposes of this sub4 section, the term ‘medium duty passenger vehicle’ has 

5 the meaning given that term section 523.2 of title 49 

6 of the Code of Federal Regulations.’’. 

7 SEC. 202. AGENCY ANALYSES FOR MOBILITY ACQUISITIONS. 

8 (a) COST ESTIMATE REQUIREMENT.—Each Federal 

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

10 infrastructure, assets, or personnel to provide delivery of 

11 fuel to its operations shall apply activity based cost ac12 counting principles to estimate the fully burdened cost of 

13 fuel. 

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

15 the fully burdened cost of fuel, as estimated under subsection 

16 (a), in conducting analyses and making decisions regarding 

17 its activities that create a demand for energy. Such analyses 

18 and decisions shall include— 

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

20 and other analytical tools to determine the types of 

21 energy consuming equipment that an agency needs to 

22 conduct its missions; 

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

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1 ness of measures that improve the energy efficiency of 

2 an agency’s equipment and systems; 

3 (3) analyses and decisions conducted or made by 

4 others for the agency; and 

5 (4) procurement and acquisition source selection 

6 criteria, requests for proposals, and best value deter7 minations. 

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

9 agency employs models, simulations, wargames, or other 

10 analytical tools that require substantial upgrades to enable 

11 compliance with this section, the agency shall complete such 

12 necessary upgrades not later than 2 years after the date 

13 of enactment of this Act. 

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

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

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

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

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

19 commercial supplier to the point of use. 

20 SEC. 203. FEDERAL PROCUREMENT OF ENERGY EFFICIENT 

21 PRODUCTS. 

22 (a) AMENDMENTS.—Section 553 of the National En23 ergy Conservation Policy Act (42 U.S.C. 8259b) is amend24 ed— 


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1 (1) in subsection (b)(1), by inserting ‘‘in a prod2 uct category covered by the Energy Star program or 

3 the Federal Energy Management Program for des4 ignated products’’ after ‘‘energy consuming product’’; 

5 (2) in subsection (b)(2)— 

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

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

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

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

10 follows through ‘‘requirements of the agency’’ and 

11 inserting ‘‘account’’; and 

12 (3) in subsection (c)— 

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

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

15 Agency shall’’; 

16 (B) by striking ‘‘where the agency’’ and in17 serting ‘‘where the head of the agency’’; and 

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

19 Star product’’ and all that follows through ‘‘re20 quirements, or’’ and inserting ‘‘writing’’. 

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

22 6 months after the date of enactment of this Act, the General 

23 Services Administration and the Defense Logistics Agency 

24 shall ensure that the prohibition in the amendment made 

25 under subsection (a)(2)(A) has been fully complied 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 subpara6 graph: 

7 ‘‘(D) Not later than 1 year after the date of enactment 

8 of the Carbon-Neutral Government Act of 2007, the Sec9 retary shall establish, by rule, revised Federal building en10 ergy 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 that 

14 the fossil fuel-generated energy consumption of 

15 the buildings is reduced, as compared with such 

16 energy consumption by a similar building in fis17 cal year 2003 (as measured by Commercial 

18 Buildings Energy Consumption Survey or Resi19 dential Energy Consumption Survey data from 

20 the Energy Information Agency), by the percent21 age specified in the following 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 of 

3 such buildings. For building types for which the 

4 United States Green Building Council Leader5 ship in Energy and Environmental Design 

6 (LEED) certification for New Construction and 

7 Major Renovation is applicable, such buildings 

8 shall be designed to meet, at a minimum, the 

9 LEED silver level standard (or any successor 

10 standard thereto), or if any additional capital 

11 cost is projected to be recoverable through energy 

12 and other operational cost savings within 10 

13 years, the LEED gold level standard (or any 

14 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 the 

18 extent that the technologies are life-cycle cost-effec19 tive.’’. 

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 simi25 lar requirements.’’ and inserting ‘‘. Such term shall 


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1 include buildings built for the purpose of being leased 

2 by a Federal agency, and privatized military hous3 ing.’’; and 

4 (2) by adding at the end the following new para5 graph: 

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

7 renovation of a major component or substantial struc8 tural part of a building that materially increases the 

9 value of the building, substantially prolongs the useful 

10 life of the building, or adapts the building to a new 

11 or different use.’’. 

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

14 (a) BENCHMARKING AND RECOMMISSIONING.—Section 

15 543 of the National Energy Conservation Policy Act (42 

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

17 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 great22 er than $75,000 per year in energy costs, annually 

23 benchmark the energy efficiency performance of the 

24 building and, where feasible, rate that performance 

25 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 benchmark 

10 and rate the building’s performance. 

11 ‘‘(3) USE OF INFORMATION TO ENHANCE BUILD12 ING MANAGEMENT.—The Federal facilities manager 

13 for each building subject to the requirements in para14 graph (1) shall use the benchmark performance, rat15 ing, and annual energy costs to identify and evaluate 

16 opportunities for improving the building’s energy effi17 ciency performance and reducing costs. 

18 ‘‘(4) PUBLIC DISCLOSURE.—Each Federal agen19 cy shall post the benchmarking information generated 

20 under this subsection, along with each building’s an21 nual energy use per square foot and energy costs, on 

22 the agency’s website. The agency shall update such in23 formation each year, and shall include in such report24 ing previous years’ information to allow changes in 

25 building performance to be tracked over time. 


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1 ‘‘(g) RECOMMISSIONING AND DIAGNOSTIC ENERGY

2 AUDIT.— 

3 ‘‘(1) REQUIREMENT.—Each Federal agency shall 

4 each year recommission or retrocommission, as appli5 cable, and conduct a diagnostic energy audit with re6 spect to, approximately 20 percent of its Federal 

7 buildings with greater than 40,000 square feet of 

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

9 costs, so that all such buildings are recommissioned or 

10 retrocommissioned, as applicable, and audited at least 

11 once every 5 years. 

12 ‘‘(2) USE OF INFORMATION TO ENHANCE BUILD13 ING MANAGEMENT.—The Federal facilities manager 

14 for each building and the agency official responsible 

15 for facilities management shall use the information 

16 produced from the energy audits under paragraph (1) 

17 as a management tool for prioritizing capital expend18 itures for maintenance and building upgrades and al19 locating such expenditures within a facility and 

20 across all of the agency’s facilities, as applicable. 

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

22 Federal agency shall ensure that any large capital energy 

23 investment in an existing building that is not a major ren24 ovation but involves replacement of installed equipment, 

25 such as heating and cooling systems, or involves renovation, 


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1 rehabilitation, expansion, or remodeling of existing space, 

2 employs the most energy efficient designs, systems, equip3 ment, and controls that are life-cycle cost effective. Not later 

4 than 6 months after the date of enactment of the Carbon5 Neutral Government Act of 2007, each Federal agency shall 

6 develop a process for reviewing each such large capital en7 ergy investment decision to ensure that the requirement of 

8 this subsection is met, and shall report to the Office of Man9 agement and Budget on the process established. This process 

10 shall incorporate the information produced under sub11 sections (f) and (g). Not later than one year after the date 

12 of enactment of the Carbon-Neutral Government Act of 

13 2007, the Office of Management and Budget shall evaluate 

14 and report to Congress on each agency’s compliance with 

15 this subsection.’’. 

16 (b) METERING.—Section 543(e)(1) of the National En17 ergy Conservation Policy Act (42 U.S.C. 8253(e)(1)) is 

18 amended by inserting ‘‘By October 1, 2016, each agency 

19 shall also provide for equivalent metering of natural gas, 

20 steam, chilled water, and water, in accordance with guide21 lines established by the Secretary under paragraph (2).’’ 

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

23 SEC. 206. LEASING. 

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

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


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1 no Federal agency shall enter into a new contract to lease 

2 space in a building that has not earned the Energy Star 

3 label in the most recent year. 

4 (b) EXCEPTION.—If— 

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

6 meets an agency’s functional requirements, including 

7 locational needs; or 

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

9 building that the agency has occupied previously, 

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

11 building that has not earned the Energy Star label in the 

12 most recent year if the lease contract includes provisions 

13 requiring that, prior to occupancy, or in the case of a con14 tract described in paragraph (2) not later than 6 months 

15 after signing the contract, the space will be renovated for 

16 all energy efficiency improvements that would be cost effec17 tive over a 5-year period or the life of the lease, whichever 

18 is greater, including improvements in lighting, windows, 

19 and heating, ventilation, and air conditioning systems. 

20 SEC. 207. PROCUREMENT AND ACQUISITION OF ALTER21 NATIVE FUELS. 

22 No Federal agency shall enter into a contract for pro23 curement of an alternative or synthetic fuel, including a 

24 fuel produced from non-conventional petroleum sources, for 

25 any mobility-related use, other than for research or testing, 


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1 unless the contract specifies that the lifecycle greenhouse gas 

2 emissions associated with the production and combustion 

3 of the fuel supplied under the contract must, on an ongoing 

4 basis, be less than or equal to such emissions from the equiv5 alent conventional fuel produced from conventional petro6 leum sources. 

7 SEC. 208. CONTRACTS FOR RENEWABLE ENERGY FOR EXEC8 UTIVE AGENCIES. 

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

10 amended— 

11 (1) in subparagraph (B), by striking ‘‘A con12 tract’’ and inserting ‘‘Except as provided in subpara13 graph (C), a contract’’; and 

14 (2) by adding at the end the following new sub15 paragraph: 

16 ‘‘(C) RENEWABLE ENERGY CONTRACTS.—A 

17 contract for renewable energy may be made for 

18 a period of not more than 20 years. For the pur19 poses of this subparagraph, the term ‘renewable 

20 energy’ has the meaning given that term in sec21 tion 203(b) of the Energy Policy Act of 2005 (42 

22 U.S.C. 15852(b)(2)), except that energy gen23 erated from municipal solid waste shall not be 

24 considered renewable energy.’’. 


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1 SEC. 209. GOVERNMENT EFFICIENCY STATUS REPORTS. 

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

3 of the requirements of this Act and the amendments made 

4 by this Act shall compile and submit to the Director of the 

5 Office of Management and Budget an annual Government 

6 efficiency status report on— 

7 (1) compliance by the agency with each of the re8 quirements of this Act and the amendments made by 

9 this Act; 

10 (2) the status of the implementation by the agen11 cy of initiatives to improve energy efficiency, reduce 

12 energy costs, and reduce emissions of greenhouse 

13 gases; and 

14 (3) savings to American taxpayers resulting 

15 from mandated improvements under this Act and the 

16 amendments made by this Act. 

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

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

19 requires; 

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

21 (3) consistent with related reporting require22 ments. 

23 SEC. 210. OMB GOVERNMENT EFFICIENCY REPORTS AND 

24 SCORECARDS. 

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

26 the Director of the Office of Management and Budget shall 


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1 submit an Annual Government Efficiency report to the 

2 Committee on Oversight and Government Reform of the 

3 House of Representatives and the Committee on Govern4 mental Affairs of the Senate, which shall contain— 

5 (1) a summary of the information reported by 

6 agencies under section 209; 

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

8 progress toward achieving the goals of this Act and 

9 the amendments made by this Act; and 

10 (3) recommendations for additional actions nec11 essary to meet the goals of this Act and the amend12 ments made by this Act. 

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

14 Budget shall include in any annual energy scorecard it is 

15 otherwise required to submit a description of each agency’s 

16 compliance with the requirements of this Act and the 

17 amendments made by this Act. 

18 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums as 

20 may be necessary to implement this title. 

21 SEC. 212. JUDICIAL REVIEW. 

22 (a) FINAL AGENCY ACTION.—Any nondiscretionary 

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

24 Act is a final agency action for the purposes of judicial 

25 review under chapter 7 of title 5, United States Code. 


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1 (b) VENUE FOR CERTAIN ACTIONS.—The United 

2 States Court of Appeals for the District of Columbia Circuit 

3 shall have exclusive jurisdiction over any petition for review 

4 of action of the Administrator in promulgating any rule 

5 under title I of this Act. 

6 (c) LIMITATIONS.—No action under chapter 7 of title 

7 5, United States Code, may be commenced prior to 60 days 

8 after the date on which the plaintiff has given notice to the 

9 Federal agency concerned of the alleged violation of this Act 

10 or any amendment made by this Act. 

11 (d) COMMON CLAIMS.—When civil actions arising 

12 under this Act or any amendment made by this Act are 

13 pending in the same court and involve one or more common 

14 questions of fact or common claims regarding the same al15 leged Federal agency failure or failures to act, the court 

16 may consolidate such claims into a single action for judicial 

17 review. When civil actions arising under this Act or any 

18 amendment made by this Act are pending in different dis19 tricts and involve one or more common questions of fact 

20 or common claims regarding the same alleged Federal agen21 cy failure or failures to act, such actions may be consoli22 dated pursuant to section 1407 of title 28, United States 

23 Code. 

24 (e) AGGRIEVED PERSONS.—A person shall be consid25 ered aggrieved within the meaning of this Act or any 


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1 amendment made by this Act for purposes of obtaining ju2 dicial review under chapter 7 of title 5, United States Code, 

3 if the person alleges— 

4 (1) harm attributable to a Federal agency’s fail5 ure to reduce its greenhouse gas emissions in accord6 ance with the requirements under this Act or any 

7 amendment made by this Act, or take other actions 

8 required under this Act or any amendment made by 

9 this Act; or 

10 (2) a Federal agency’s failure to collect and pro11 vide information to the public as required by this Act 

12 or any amendment made by this Act. 

13 For purposes of this section, the term ‘‘harm’’ includes any 

14 effect of global warming, currently occurring or at risk of 

15 occurring, and the incremental exacerbation of any such ef16 fect or risk that is associated with relatively small incre17 ments of greenhouse gas emissions, even if the effect or risk 

18 is widely shared. An effect or risk associated with global 

19 warming is ‘‘attributable’’ to a Federal agency’s failure to 

20 act as described in paragraph (1) if the failure to act results 

21 in larger emissions of greenhouse gases than would have 

22 been emitted had the Federal agency followed the require23 ments of this Act or any amendment made by this Act, as 

24 any such incremental additional emissions will exacerbate 

25 the pace, extent, and risks of global warming. 


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1 (f) REMEDY.— 

2 (1) IN GENERAL.—In addition to the remedies 

3 available under chapter 7 of title 5, United States 

4 Code, a court may provide the remedies specified in 

5 this subsection. 

6 (2) PAYMENT.—In any civil action alleging a 

7 violation of this Act, if the court finds that an agency 

8 has significantly violated this Act in its failure to 

9 perform any nondiscretionary act or duty under this 

10 Act or any amendment made by this Act, the court 

11 may award a payment, payable by the United States 

12 Treasury, to be used for a beneficial mitigation 

13 project recommended by the plaintiff or to compensate 

14 the plaintiff for any impact from global warming suf15 fered by the plaintiff. The total payment for all 

16 claims by all plaintiffs in any such action shall not 

17 exceed the amount provided in section 1332(b) of title 

18 28, United States Code. A court may deny a second 

19 payment under this section if the court determines 

20 that the plaintiff has filed multiple separate actions 

21 that could reasonably have been combined into a sin22 gle action. No payment may be awarded under this 

23 paragraph for violations of an agency’s obligation to 

24 collect or report information to the public. No court 

25 may award any payment under this paragraph in 


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1 any given year if the cumulative payments awarded 

2 by courts under this paragraph in such year are 

3 equal to or greater than $1,500,000. 

4 (3) COSTS.—A court may award costs of litiga5 tion to any substantially prevailing plaintiff or to 

6 any other plaintiff whenever the court determines 

7 such an award is appropriate. Such an award is ap8 propriate when such litigation contributes to the Fed9 eral agency’s compliance with this Act or any amend10 ment made by this Act. Costs of litigation include 

11 reasonable attorney fees and expert fees. 

12 (4) EXCLUSIVE REMEDY.—Notwithstanding any 

13 other provision of Federal law— 

14 (A) no plaintiff who is awarded a payment 

15 under this subsection for a failure to perform a 

16 mandatory duty under this Act or any amend17 ment made by this Act may be awarded a pay18 ment for such failure under any other Federal 

19 law; and 

20 (B) no plaintiff may be awarded a payment 

21 under this subsection for a failure to perform a 

22 mandatory duty under this Act or any amend23 ment made by this Act if the plaintiff has been 

24 awarded a payment for such failure under any 

25 other Federal law. 


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1 (g) NO STATE COURT ACTION.—No person may bring 

2 any action in State court alleging a violation of this Act 

3 or any amendment made by this Act. 

4 (h) DEFINITION.—In this section, the term ‘‘person’’ 

5 means a United States person. In the case of an individual, 

6 such term means a citizen or national of the United States. 


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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 

poses. management and operations, and for other purmote efficiency in the Federal Government’s to global warming through measures that proAUGUST 3, 2007 

Reported from the Committee on Oversight and 

Government Reform with an amendment 

AUGUST 3, 2007 

Committees on Energy and Commerce, Armed Services, 

and ordered to be printed mittee of the Whole House on the State of the Union and Agriculture discharged; committed to the ComTransportation and Infrastructure, Natural Resources, 


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