II 

Calendar No. 335 

111TH CONGRESS 

2D SESSION S. 1830 

To establish the Chief Conservation Officers Council to improve the energy 

efficiency of Federal agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2009 

Ms. COLLINS (for herself, Mr. LIEBERMAN, and Mr. CARPER) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

MARCH 25, 2010 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the Chief Conservation Officers Council to improve the energy efficiency of Federal agencies, 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 ‘‘Federal Agency En5 ergy Efficiency Improvement Act of 2009’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CHIEF CONSERVATION OFFICER.—The term 

4 ‘‘Chief Conservation Officer’’ means an individual 

5 designated as a Chief Conservation Officer under 

6 section 3(a)(1). 

7 (2) COUNCIL.—The term ‘‘Council’’ means the 

8 Chief Conservation Officers Council established by 

9 section 4(a). 

10 (3) FEDERAL AGENCY.—The term ‘‘Federal 

11 agency’’ means an agency of the Federal Govern12 ment described in section 901(b) of title 31, United 

13 States Code. 

14 SEC. 3. CHIEF CONSERVATION OFFICERS. 

15 (a) DESIGNATION.— 

16 (1) IN GENERAL.—As soon as practicable after 

17 the date of enactment of this Act, each head of a 

18 Federal agency shall designate a Chief Conservation 

19 Officer. 

20 (2) REQUIREMENTS.— 

21 (A) EMPLOYMENT STATUS.—An individual 

22 designated as a Chief Conservation Officer 

23 under paragraph (1) shall serve in a Senior Ex24 ecutive Service position. 

25 (B) PRIMARY RESPONSIBILITY.— 


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1 (i) IN GENERAL.—The primary re2 sponsibility of an individual designated as 

3 a Chief Conservation Officer for a Federal 

4 agency under paragraph (1) shall be to 

5 serve as Chief Conservation Officer for the 

6 Federal agency. 

7 (ii) OTHER CAPACITIES.—Subject to 

8 clause (i), an individual described in clause 

9 (i) may serve in another capacity in the 

10 Federal Government. 

11 (3) AGENCY ENVIRONMENTAL EXECUTIVES.—If 

12 the head of a Federal agency has designated an 

13 Agency Environmental Executive in accordance with 

14 Executive Order 13101 (63 Fed. Reg. 49643), the 

15 head of the Federal agency may designate the Agen16 cy Environmental Executive as a Chief Conservation 

17 Officer. 

18 (b) GENERAL RESPONSIBILITIES.—A Chief Con19 servation Officer of a Federal agency shall— 

20 (1) ensure that the Federal agency— 

21 (A) complies with each energy policy of the 

22 Federal Government; and 

23 (B) takes steps to ensure the compliance of 

24 the Federal agency with each energy policy of 

25 the Federal Government; 


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1 (2) provide advice and other assistance to the 

2 head of the Federal agency (including other applica3 ble senior executive management personnel of the 

4 Federal agency) to enhance the conservation efforts 

5 of the Federal agency (including the review of acqui6 sition plans and requirements developments at the 

7 earliest practicable stage in a contracting process); 

8 (3) collect data to determine— 

9 (A) the energy consumption of each build10 ing owned or operated by the Federal agency; 

11 and 

12 (B) the energy consumption of major 

13 equipment located within each building de14 scribed in subparagraph (A); 

15 (4) provide to the Council the results of the 

16 data collected under paragraph (3); 

17 (5) develop and implement policies for the Fed18 eral agency to minimize the quantities of energy con19 sumed by the Federal agency; 

20 (6) collect additional data as requested by the 

21 Council; 

22 (7) take actions— 

23 (A) to increase the energy efficiency of the 

24 Federal agency; and 


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1 (B) to maintain or increase the energy se2 curity and cost savings of the Federal agency; 

3 (8) develop, facilitate, and maintain the imple4 mentation of a sound energy efficiency information 

5 technology architecture for the Federal agency; 

6 (9) promote the effective and efficient design 

7 and operation of all major information resources 

8 management processes of the Federal agency; and 

9 (10) participate in each activity carried out by 

10 the Council. 

11 (c) DUTIES.— 

12 (1) PRIMARY DUTY.—A Chief Conservation Of13 ficer shall be responsible for the management of the 

14 energy efficiency of the Federal agency under the ju15 risdiction of the Chief Conservation Officer. 

16 (2) GENERAL DUTIES.—In carrying out the pri17 mary duty of the Chief Conservation Officer under 

18 paragraph (1), the Chief Conservation Officer 

19 shall— 

20 (A) monitor the performance of each en21 ergy efficiency program of the Federal agency; 

22 (B) evaluate the performance of each pro23 gram described in subparagraph (A) on the 

24 basis of applicable performance measurements, 


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1 as determined by the Chief Conservation Offi2 cer; 

3 (C) advise the head of the Federal agency 

4 regarding whether to continue, modify, or ter5 minate any program or project carried out by 

6 the Federal agency; and 

7 (D) in conjunction with the Chief Informa8 tion Officer of the Federal agency, prepare an 

9 energy usage report, which shall— 

10 (i) include data regarding the infor11 mation technology energy usage of the 

12 Federal agency; and 

13 (ii) be included in the first budget 

14 submitted to Congress under section 

15 1105(a) of title 31, United States Code, 

16 after the report is prepared. 

17 SEC. 4. CHIEF CONSERVATION OFFICERS COUNCIL. 

18 (a) ESTABLISHMENT.—There is established in the ex19 ecutive branch a council to be known as the ‘‘Chief Con20 servation Officers Council’’. 

21 (b) COMPOSITION.—The Council shall be composed 

22 of— 

23 (1) the Secretary of Energy; 

24 (2) the Administrator of the Environmental 

25 Protection Agency; 


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1 (3) the Deputy Director for Management of the 

2 Office of Management and Budget; 

3 (4) the Program Manager for the Federal En4 ergy Management Program of the Department of 

5 Energy; 

6 (5) the Chief Information Officer of each Fed7 eral agency; 

8 (6) each Chief Conservation Officer; 

9 (7) the Federal Environmental Executive; and 

10 (8) any other officer or employee of the Federal 

11 Government, as designated by the Chairperson or 

12 Vice Chairperson. 

13 (c) CHAIRPERSON; VICE CHAIRPERSON.— 

14 (1) CHAIRPERSON.—The Deputy Director for 

15 Management of the Office of Management and 

16 Budget shall serve as the Chairperson of the Coun17 cil. 

18 (2) VICE CHAIRPERSON.—The Program Man19 ager for the Federal Energy Management Program 

20 of the Department of Energy shall serve as the Vice 

21 Chairperson of the Council. 

22 (d) DUTIES OF CERTAIN HEADS OF FEDERAL AGEN23 CIES.— 


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1 (1) SECRETARY OF ENERGY.—The Secretary of 

2 Energy shall carry out each activity of the Council 

3 on behalf of the Chairperson of the Council. 

4 (2) ADMINISTRATOR OF GENERAL SERVICES.— 

5 The Administrator of General Services shall provide 

6 administrative and other related support to the 

7 Council. 

8 (e) FUNCTION.—The Council shall function as the 

9 principal interagency forum for improving the practices of 

10 Federal agencies relating to the design, acquisition, devel11 opment, modernization, use, operation, sharing, and per12 formance of energy efficiency efforts of the Federal Gov13 ernment. 

14 (f) DUTIES OF COUNCIL.— 

15 (1) IN GENERAL.—The Council shall carry out 

16 appropriate actions, including the collection of infor17 mation from each Chief Conservation Officer regard18 ing the energy usage of the Federal agency of the 

19 Chief Conservation Officer, including the ratio 

20 that— 

21 (A) the equipment energy usage of the 

22 Federal agency; bears to 

23 (B) the building energy usage of the Fed24 eral agency. 

25 (2) EFFICIENCY DUTIES.—The Council shall— 


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1 (A) require each Chief Conservation Offi2 cer to collect and report any necessary addi3 tional energy usage data of the Federal agency 

4 of the Chief Conservation Officer; 

5 (B) assist each Chief Conservation Officer 

6 in developing energy baselines and goals; 

7 (C) provide guidance and develop rec8 ommendations for each Chief Conservation Offi9 cer to assist each Chief Conservation Officer in 

10 developing policies to enable the Federal agency 

11 of the Chief Conservation Officer to meet the 

12 energy efficiency goals of the Federal agency; 

13 (D) provide guidance and develop rec14 ommendations for each Chief Conservation Offi15 cer to assist each Chief Conservation Officer in 

16 implementing energy policies; 

17 (E) share experiences, ideas, best prac18 tices, and innovative approaches relating to the 

19 development of energy efficiencies; 

20 (F) develop a universal metric to be used 

21 by Federal agencies to measure the effective22 ness of the conservation efforts of the Federal 

23 agencies; and 

24 (G) provide reports (including rec25 ommendations) regarding energy efficiency poliVerDate Nov 24 2008 02:13 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1830.RS S1830

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1 cies of Federal agencies covered by the reports 

2 to— 

3 (i) the appropriate committees of Con4 gress; and 

5 (ii) the Office of Management and 

6 Budget. 

7 (3) CONSULTATION REQUIREMENT.—In car8 rying out each duty of the Council under this sub9 section, the Council shall consult regularly with rep10 resentatives of appropriate State, local, and tribal 

11 governments. 

12 (g) OFFICE OF MANAGEMENT AND BUDGET GOV13 ERNMENT EFFICIENCY REPORTS AND SCORECARDS.— 

14 Not later than 180 days after the date of enactment of 

15 this Act, the Director of the Office of Management and 

16 Budget shall— 

17 (1) include in the annual report and scorecard 

18 of the Director under section 528 of the Energy 

19 Independence and Security Act of 2007 (42 U.S.C. 

20 17144) a description of the efforts of Federal agen21 cies under this section; and 

22 (2) make the description under paragraph (1) 

23 available on the website of the Office of Management 

24 and Budget. 


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1 SEC. 5. AUTHORIZATION FOR ACQUISITIONS. 

2 (a) USE OF CERTAIN SUPPLY SCHEDULES.—Section 

3 502(c)(1) of title 40, United States Code, is amended by 

4 adding at the end the following: 

5 ‘‘(C) Environmentally preferable ‘green’ 

6 products and services (as contained in Federal 

7 supply classification code groups 03FAC, 51V, 

8 56, 72IA, 73, 75, and 899, including any 

9 amended or subsequent version of the Federal 

10 supply classification code groups).’’. 

11 (b) DUTY OF NON-FEDERAL USERS REGARDING

12 USE OF SUPPLY SCHEDULES.—Section 502(c) of title 40, 

13 United States Code, is amended— 

14 (1) by redesignating paragraph (3) as para15 graph (4); and 

16 (2) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) DUTY OF NON-FEDERAL USERS REGARD19 ING USE OF FEDERAL SUPPLY SCHEDULES.—During 

20 the use of a Federal supply schedule, an authorized 

21 non-Federal user shall act in accordance with the or22 dering guidance provided by the Administrator of 

23 General Services.’’. 

24 SEC. 6. POWER PURCHASE AGREEMENT PILOT PROGRAM. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) COST-EFFECTIVE.—The term ‘‘cost-effec2 tive’’ means, with respect to a power purchase agree3 ment entered into by the head of an executive agen4 cy for a Federal facility that is owned or controlled 

5 by the executive agency, that the 20-year average 

6 cost for the purchase of electricity under the power 

7 purchase agreement from 1 or more renewable en8 ergy generating systems is not greater than an 

9 amount equal to 110 percent of the cost of an equal 

10 quantity of electricity from the current electricity 

11 supplier of the Federal facility, taking into consider12 ation each— 

13 (A) applicable cost, including any cost re14 sulting from— 

15 (i) a demand charge; 

16 (ii) an applicable rider; 

17 (iii) a fuel adjustment charge; or 

18 (iv) any other surcharge; and 

19 (B) reasonably anticipated increase in the 

20 cost of the electricity resulting from— 

21 (i) inflation; 

22 (ii) increased regulatory requirements; 

23 (iii) decreased availability of fossil 

24 fuels; and 


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1 (iv) any other factor that may in2 crease the cost of electricity. 

3 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

4 agency’’ has the meaning given the term in section 

5 4 of the Office of Federal Procurement Policy Act 

6 (41 U.S.C. 403). 

7 (3) FEDERAL FACILITY.—The term ‘‘Federal 

8 facility’’ means any building at which electricity is 

9 used, owned, operated, obtained through a long-term 

10 lease, or otherwise controlled by, or assigned to— 

11 (A) an executive or military department of 

12 the Federal Government; 

13 (B) a Government corporation; 

14 (C) an independent establishment; 

15 (D) a Federal court; 

16 (E) an executive agency; 

17 (F) Congress; 

18 (G) the United States Postal Service; or 

19 (H) the Executive Office of the President. 

20 (4) GOVERNMENT CORPORATION.—The term 

21 ‘‘Government corporation’’ has the meaning given 

22 the term in section 103 of title 5, United States 

23 Code. 


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1 (5) LONG-TERM LEASE.—The term ‘‘long-term 

2 lease’’ means a lease the duration of which is not 

3 less than 20 years. 

4 (6) RENEWABLE ENERGY SOURCE.—The term 

5 ‘‘renewable energy source’’ includes— 

6 (A) a solar photovoltaic system; 

7 (B) a wind turbine; and 

8 (C) any other renewable energy technology. 

9 (b) PILOT PROJECTS.— 

10 (1) AUTHORIZATION OF HEADS OF EXECUTIVE

11 AGENCIES.—In accordance with paragraphs (2) and 

12 (3), the head of each executive agency may establish 

13 1 or more pilot programs under which the head of 

14 the executive agency may offer to enter into power 

15 purchase agreements during the 5-year period begin16 ning on the date of enactment of this Act for the 

17 purchase of electricity from 1 or more Federal facili18 ties that are owned or controlled by the executive 

19 agency from renewable energy sources located at the 

20 Federal facility. 

21 (2) COST-EFFECTIVE REQUIREMENT.—A head 

22 of an executive agency described in paragraph (1) 

23 may offer to enter into a power purchase agreement 

24 described in that paragraph only if the power pur25 chase agreement is cost-effective. 


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1 (3) TERM OF POWER PURCHASE AGREE2 MENT.—Notwithstanding any other provision of law 

3 (including regulations), the term of a power pur4 chase agreement described in paragraph (1) may not 

5 be longer than a period of 20 years. 

6 (4) ALLOCATION OF INCREMENTAL COSTS.— 

7 Each head of an executive agency (including the Ad8 ministrator of General Services) who enters into a 

9 power purchase agreement under paragraph (1) for 

10 the purchase of electricity at a Federal facility that 

11 is owned or controlled by the executive agency for 

12 distribution to 1 or more other executive agencies 

13 shall allocate, on an annual basis for the period cov14 ered by the power purchase agreement, the incre15 mental cost or incremental savings of the power pur16 chase agreement for the purchase of electricity at a 

17 Federal facility from renewable energy sources (as 

18 compared to the cost of electricity from the elec19 tricity supplier of the Federal facility) among each 

20 user of the Federal facility based on the proportion 

21 that— 

22 (A) the electricity usage of the user of the 

23 Federal facility; bears to 

24 (B) the aggregate electricity usage of all 

25 users of the Federal facility. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section for each of fiscal years 

4 2009 through 2019, to remain available until expended. 

5 SEC. 7. CLARIFICATION OF RENEWABLE ENERGY. 

6 Section 203 of the Energy Policy Act of 2005 (42 

7 U.S.C. 15852) is amended— 

8 (1) in subsection (a), in the matter preceding 

9 paragraph (1), by striking ‘‘electric’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (1)(D), by striking ‘‘for 

12 the production of electricity’’; and 

13 (B) in paragraph (2), by striking ‘‘elec14 tric’’. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Federal Agency Energy 

17 Efficiency Improvement Act of 2009’’. 

18 SEC. 2. DEFINITIONS. 

19 In this Act: 

20 (1) CHIEF CONSERVATION OFFICER.—The term 

21 ‘‘Chief Conservation Officer’’ means an individual 

22 designated as a Chief Conservation Officer under sec23 tion 3(a)(1). 


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1 (2) COUNCIL.—The term ‘‘Council’’ means the 

2 Chief Conservation Officers Council established by sec3 tion 4(a). 

4 (3) FEDERAL AGENCY.—The term ‘‘Federal agen5 cy’’ means an agency of the Federal Government de6 scribed in section 901(b) of title 31, United States 

7 Code. 

8 SEC. 3. CHIEF CONSERVATION OFFICERS. 

9 (a) DESIGNATION.— 

10 (1) IN GENERAL.—As soon as practicable after 

11 the date of enactment of this Act, each head of a Fed12 eral agency shall designate a Chief Conservation Offi13 cer. 

14 (2) REQUIREMENTS.— 

15 (A) EMPLOYMENT STATUS.—An individual 

16 designated as a Chief Conservation Officer under 

17 paragraph (1) shall serve in a Senior Executive 

18 Service position. 

19 (B) PRIMARY RESPONSIBILITY.— 

20 (i) IN GENERAL.—The primary respon21 sibility of an individual designated as a 

22 Chief Conservation Officer for a Federal 

23 agency under paragraph (1) shall be to 

24 serve as Chief Conservation Officer for the 

25 Federal agency. 


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1 (ii) OTHER CAPACITIES.—Subject to 

2 clause (i), an individual described in clause 

3 (i) may serve in another capacity in the 

4 Federal Government. 

5 (b) GENERAL RESPONSIBILITIES.—A Chief Conserva6 tion Officer of a Federal agency shall— 

7 (1) ensure that the Federal agency— 

8 (A) complies with each energy policy of the 

9 Federal Government; and 

10 (B) takes steps to ensure the compliance of 

11 the Federal agency with each energy policy of the 

12 Federal Government; 

13 (2) provide advice and other assistance to the 

14 head of the Federal agency (including other applica15 ble senior executive management personnel of the Fed16 eral agency) to enhance the conservation efforts of the 

17 Federal agency (including the review of acquisition 

18 plans and requirements developments at the earliest 

19 practicable stage in a contracting process); 

20 (3) collect data to determine— 

21 (A) the energy consumption of each building 

22 owned or operated by the Federal agency; and 

23 (B) the energy consumption of major equip24 ment, including information technology assets, 


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1 located within each building described in sub2 paragraph (A); 

3 (4) provide to the Council the results of the data 

4 collected under paragraph (3); 

5 (5) develop and implement policies for the Fed6 eral agency to minimize the quantities of energy con7 sumed by the Federal agency; 

8 (6) collect additional data as requested by the 

9 Council; 

10 (7) take actions— 

11 (A) to increase the energy efficiency of the 

12 Federal agency; and 

13 (B) to maintain or increase the energy secu14 rity and cost savings of the Federal agency; 

15 (8) coordinate with the Chief Information Officer 

16 to develop, facilitate, and maintain the implementa17 tion of a sound energy efficiency information tech18 nology architecture for the Federal agency; 

19 (9) coordinate with the Chief Information Officer 

20 to ensure energy consumption is considered in the de21 sign and operation of all major information resources 

22 management processes of the Federal agency; 

23 (10) consider the short- and long-term cost effec24 tiveness of each initiative before taking actions; and 


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1 (11) participate in each activity carried out by 

2 the Council. 

3 (c) DUTIES.— 

4 (1) PRIMARY DUTY.—A Chief Conservation Offi5 cer shall be responsible for the management of the en6 ergy efficiency of the Federal agency under the juris7 diction of the Chief Conservation Officer. 

8 (2) GENERAL DUTIES.—In carrying out the pri9 mary duty of the Chief Conservation Officer under 

10 paragraph (1), the Chief Conservation Officer shall— 

11 (A) monitor the performance of each energy 

12 efficiency program of the Federal agency; 

13 (B) evaluate the performance of each pro14 gram described in subparagraph (A) on the basis 

15 of applicable performance measurements, as de16 termined by the Chief Conservation Officer; 

17 (C) advise the head of the Federal agency or 

18 Senior Sustainability Officer regarding whether 

19 to continue, modify, or terminate any program 

20 or project carried out by the Federal agency; and 

21 (D) in conjunction with the Chief Informa22 tion Officer of the Federal agency, prepare an 

23 energy usage report, which shall— 


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1 (i) include data regarding the informa2 tion technology energy usage of the Federal 

3 agency; and 

4 (ii) be included in the first budget sub5 mitted to Congress under section 1105(a) of 

6 title 31, United States Code, after the report 

7 is prepared. 

8 SEC. 4. CHIEF CONSERVATION OFFICERS COUNCIL. 

9 (a) ESTABLISHMENT.—There is established in the exec10 utive branch a council to be known as the ‘‘Chief Conserva11 tion Officers Council’’. 

12 (b) COMPOSITION.—The Council shall be composed 

13 of— 

14 (1) the Secretary of Energy; 

15 (2) the Administrator of the Environmental Pro16 tection Agency; 

17 (3) the Deputy Director for Management of the 

18 Office of Management and Budget; 

19 (4) the Program Manager for the Federal Energy 

20 Management Program of the Department of Energy; 

21 (5) the Chief Information Officer of each Federal 

22 agency; 

23 (6) each Chief Conservation Officer; 

24 (7) the Federal Environmental Executive; and 


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1 (8) any other officer or employee of the Federal 

2 Government, as designated by the Chairperson or Vice 

3 Chairperson. 

4 (c) CHAIRPERSON; VICE CHAIRPERSON.— 

5 (1) CHAIRPERSON.—The Deputy Director for 

6 Management of the Office of Management and Budget 

7 shall serve as the Chairperson of the Council. 

8 (2) VICE CHAIRPERSON.—The Program Manager 

9 for the Federal Energy Management Program of the 

10 Department of Energy shall serve as the Vice Chair11 person of the Council. 

12 (d) DUTIES OF CERTAIN HEADS OF FEDERAL AGEN13 CIES.— 

14 (1) SECRETARY OF ENERGY.—The Secretary of 

15 Energy shall carry out each activity of the Council on 

16 behalf of the Chairperson of the Council. 

17 (2) ADMINISTRATOR OF GENERAL SERVICES.— 

18 The Administrator of General Services shall provide 

19 administrative and other related support to the Coun20 cil. 

21 (e) FUNCTION.—The Council shall function as the 

22 principal interagency forum for improving the practices of 

23 Federal agencies relating to the design, acquisition, develop24 ment, modernization, use, operation, sharing, and perform25 ance of energy efficiency efforts of the Federal Government. 


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1 (f) DUTIES OF COUNCIL.— 

2 (1) IN GENERAL.—The Council shall carry out 

3 appropriate actions, including the collection of infor4 mation from each Chief Conservation Officer regard5 ing the energy usage of the Federal agency of the 

6 Chief Conservation Officer, including the ratio that— 

7 (A) the equipment energy usage of the Fed8 eral agency; bears to 

9 (B) the building energy usage of the Federal 

10 agency. 

11 (2) EFFICIENCY DUTIES.—The Council shall— 

12 (A) require each Chief Conservation Officer 

13 to collect and report any necessary additional 

14 energy usage data of the Federal agency of the 

15 Chief Conservation Officer; 

16 (B) assist each Chief Conservation Officer 

17 in developing energy baselines and goals; 

18 (C) provide guidance and develop rec19 ommendations for each Chief Conservation Offi20 cer to assist each Chief Conservation Officer in 

21 developing policies to enable the Federal agency 

22 of the Chief Conservation Officer to meet the en23 ergy efficiency goals of the Federal agency; 

24 (D) provide guidance and develop rec25 ommendations for each Chief Conservation OffiVerDate Nov 24 2008 02:13 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\S1830.RS S1830

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1 cer to assist each Chief Conservation Officer in 

2 implementing energy policies; 

3 (E) share experiences, ideas, best practices, 

4 and innovative approaches relating to the devel5 opment of energy efficiencies; 

6 (F) develop a universal metric to be used by 

7 Federal agencies to measure the effectiveness of 

8 the conservation efforts of the Federal agencies; 

9 and 

10 (G) provide an annual report (including in11 formation about agency-by-agency energy usage 

12 and reductions, agency and government-wide 

13 trends in energy usage, agency and government14 wide cost savings, and best practices and rec15 ommendations) regarding energy efficiency poli16 cies of Federal agencies covered by the reports 

17 to— 

18 (i) the appropriate committees of Con19 gress; and 

20 (ii) the Office of Management and 

21 Budget. 

22 (3) CONSULTATION REQUIREMENT.—In carrying 

23 out each duty of the Council under this subsection, the 

24 Council shall consult regularly with representatives of 

25 appropriate State, local, and tribal governments. 


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1 (g) OFFICE OF MANAGEMENT AND BUDGET GOVERN2 MENT EFFICIENCY REPORTS AND SCORECARDS.—Not later 

3 than 180 days after the date of enactment of this Act, the 

4 Director of the Office of Management and Budget shall— 

5 (1) include in the annual report and scorecard 

6 of the Director under section 528 of the Energy Inde7 pendence and Security Act of 2007 (42 U.S.C. 17144) 

8 a description of the efforts of Federal agencies under 

9 this section; and 

10 (2) make the description under paragraph (1) 

11 available on the website of the Office of Management 

12 and Budget. 

13 SEC. 5. AUTHORIZATION FOR ACQUISITIONS. 

14 (a) USE OF CERTAIN SUPPLY SCHEDULES.—Section 

15 502(c)(1) of title 40, United States Code, is amended by 

16 adding at the end the following: 

17 ‘‘(C) Environmentally preferable ‘green’ 

18 products and services (as contained in Federal 

19 supply classification code groups 03FAC, 51V, 

20 56, 72IA, 73, 75, and 899, including any 

21 amended or subsequent version of the Federal 

22 supply classification code groups).’’. 

23 (b) DUTY OF NON-FEDERAL USERS REGARDING USE

24 OF SUPPLY SCHEDULES.—Section 502(c) of title 40, United 

25 States Code, is amended— 


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1 (1) by redesignating paragraph (3) as para2 graph (4); and 

3 (2) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) DUTY OF NON-FEDERAL USERS REGARDING

6 USE OF FEDERAL SUPPLY SCHEDULES.—During the 

7 use of a Federal supply schedule, an authorized non8 Federal user shall act in accordance with the ordering 

9 guidance provided by the Administrator of General 

10 Services.’’. 

11 SEC. 6. CLARIFICATION OF RENEWABLE ENERGY. 

12 Section 203 of the Energy Policy Act of 2005 (42 

13 U.S.C. 15852) is amended— 

14 (1) in subsection (a), in the matter preceding 

15 paragraph (1), by striking ‘‘electric’’; and 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)(D), by striking ‘‘for 

18 the production of electricity’’; and 

19 (B) in paragraph (2), by striking ‘‘electric’’. 


tjames on DSK5CLS3C1PROD with BILLS

tjames on DSK5CLS3C1PROD with BILLS
Calendar No. 335 

111TH CONGRESS 

2D SESSION S. 1830 

A BILL 

To establish the Chief Conservation Officers Counagencies, and for other purposes. cil to improve the energy efficiency of Federal 

MARCH 25, 2010 

Reported with an amendment 


tjames on DSK5CLS3C1PROD with BILLS