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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1072 Introduced in Senate (IS)]

  1st Session
                                S. 1072

      To require Federal agencies to conduct their environmental, 
   transportation, and energy-related activities in support of their 
 respective missions in an environmentally, economically, and fiscally 
                 sound manner, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2007

  Mr. Stevens introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
      To require Federal agencies to conduct their environmental, 
   transportation, and energy-related activities in support of their 
 respective missions in an environmentally, economically, and fiscally 
                 sound manner, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Agency 
Environmental Responsibility Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. short title; table of contents.
          TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY

Sec. 101. Declaration of policy.
Sec. 102. Agency goals.
Sec. 103. Duties of heads of agencies. 
Sec. 104. Additional duties of the chairman of the Council on 
                            Environmental Quality.
Sec. 105. Duties of the Director of the Office of Management and 
                            Budget.
Sec. 106. Duties of the Federal Environmental Executive.
Sec. 107. Limitations.
Sec. 108. Exemption authority.
Sec. 109. General provisions.
Sec. 110. Energy efficient standby power devices.
Sec. 111. Public utility contracting authority.
Sec. 112. Project costs for energy innovations.
Sec. 113. Definitions.
                  TITLE II--ENERGY EFFICIENT LIGHTING

Sec. 201. Statement of purpose.
Sec. 202. Replacement of low energy efficient bulbs.
Sec. 203. Disposal plan.
Sec. 204. Progress report.
Sec. 205. Working with industry.
Sec. 206. Definitions.

          TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY

SEC. 101. DECLARATION OF POLICY.

    The Congress finds and declares that it is the policy of the United 
States that Federal agencies conduct their environmental, 
transportation, and energy-related activities under the law in support 
of their respective missions in an environmentally, economically and 
fiscally sound, integrated, continuously improving, efficient, and 
sustainable manner.

SEC. 102. AGENCY GOALS.

    The head of each agency shall--
            (1) improve energy efficiency and reduce greenhouse gas 
        emissions of the agency, through reduction of energy intensity 
        by--
                    (A) 3 percent annually through the end of fiscal 
                year 2014; or
                    (B) 30 percent by the end of fiscal year 2014, 
                relative to the baseline of the agency's energy use in 
                fiscal year 2003;
            (2) ensure that--
                    (A) at least half of the statutorily required 
                renewable energy consumed by the agency in a fiscal 
                year comes from new renewable sources; and
                    (B) to the extent feasible, the agency implements 
                renewable energy generation projects on agency property 
                for agency use;
            (3) beginning in fiscal year 2008, reduce water consumption 
        intensity, relative to the baseline of the agency's water 
        consumption in fiscal year 2007 and including both indoor and 
        outdoor consumption, through life-cycle cost-effective measures 
        by 2 percent annually through the end of fiscal year 2014 or 16 
        percent by the end of fiscal year 2014;
            (4) require in agency acquisitions of goods and services--
                    (A) the use of sustainable environmental practices, 
                including acquisition of biobased, environmentally 
                preferable, energy-efficient, water-efficient, and 
                recycled-content products; and
                    (B) the use of paper that has at least 30 percent 
                post-consumer fiber content;
            (5) ensure that the agency--
                    (A) reduces the quantity of toxic and hazardous 
                chemicals and materials acquired, used, or disposed of 
                by the agency;
                    (B) increases diversion of solid waste as 
                appropriate; and
                    (C) maintains cost-effective waste prevention and 
                recycling programs in its facilities;
            (6) ensure that if the agency operates a fleet of at least 
        20 motor vehicles, the agency, relative to agency baselines for 
        fiscal year 2005--
                    (A) reduces the fleet's total consumption of 
                petroleum products by 2 percent annually through the 
                end of fiscal year 2014;
                    (B) increases the total fuel consumption that is 
                non-petroleum-based by 10 percent annually; and
                    (C) uses plug-in hybrid vehicles when such vehicles 
                are commercially available at a cost reasonably 
                comparable, on the basis of life-cycle cost, to other 
                vehicles; and
            (8) ensure that the agency--
                    (A) when acquiring an electronic product to meet 
                its requirements, meets at least 95 percent of those 
                requirements with an electronic product that is 
                registered for the Electronic Product Environmental 
                Assessment Tool, unless there is no Electronic Product 
                Environmental Assessment Tool standard for such 
                product;
                    (B) enables the Energy Star feature on agency 
                computers and monitors;
                    (C) establishes and implements policies to extend 
                the useful life of agency electronic equipment; and
                    (D) uses environmentally sound practices with 
                respect to disposition of agency electronic equipment 
                that has reached the end of its useful life.

SEC. 103. DUTIES OF HEADS OF AGENCIES.

    The head of each agency shall--
            (1) implement sustainable practices within the agency for--
                    (A) energy efficiency, greenhouse gas emissions 
                avoidance or reduction, and petroleum products use 
                reduction;
                    (B) renewable energy, including bioenergy;
                    (C) water conservation;
                    (D) acquisition;
                    (E) pollution and waste prevention and recycling;
                    (F) reduction or elimination of acquisition and use 
                of toxic or hazardous chemicals;
                    (G) high performance construction, lease, 
                operation, and maintenance of buildings;
                    (H) vehicle fleet management; and
                    (I) electronic equipment management;
            (2) implement within the agency environmental management 
        systems at all appropriate organizational levels to ensure--
                    (A) the use of environmental management systems as 
                the primary management approach for addressing 
                environmental aspects of internal agency operations and 
                activities, including environmental aspects of energy 
                and transportation functions;
                    (B) establishment of agency objectives and targets 
                to ensure implementation of this title; and
                    (C) collection, analysis, and reporting of 
                information to measure performance in the 
                implementation of this title;
            (3) establish within the agency programs for--
                    (A) environmental management training;
                    (B) environmental compliance review and audit; and
                    (C) leadership awards to recognize outstanding 
                environmental, energy, or transportation management 
                performance in the agency;
            (4) within 30 days after the date of enactment of this 
        Act--
                    (A) designate a senior civilian officer of the 
                United States, compensated annually in an amount at or 
                above the amount payable at level IV of the Executive 
                Schedule, to be responsible for implementation of this 
                title within the agency;
                    (B) report such designation to the Director of the 
                Office of Management and Budget and the Chairman of the 
                Council on Environmental Quality; and
                    (C) assign the designated official the authority 
                and duty--
                            (i) to monitor and report to the head of 
                        the agency on agency activities to carry out 
                        paragraphs (1) and (2) of this subsection; and
                            (ii) to perform such other duties relating 
                        to the implementation of this title within the 
                        agency as the head of the agency deems 
                        appropriate;
            (5) ensure that contracts entered into after the date of 
        enactment of this Act for contractor operation of government-
        owned facilities or vehicles require the contractor to comply 
        with the provisions of this title with respect to such 
        facilities or vehicles to the same extent as the agency would 
        be required to comply if the agency operated the facilities or 
        vehicles;
            (6) ensure that agreements, permits, leases, licenses, or 
        other legally-binding obligations between the agency and a 
        tenant or concessionaire entered into after the date of 
        enactment of this Act, to the extent the head of the agency 
        determines appropriate, that the tenant or concessionaire take 
        actions relating to matters within the scope of the contract 
        that facilitate the agency's compliance with the requirements 
        of this section;
            (7) provide reports on agency implementation of this title 
        to the Chairman of the Council on such schedule and in such 
        format as the Chairman of the Council may require; and
            (8) provide information and assistance to the Director of 
        the Office of Management and Budget, the Chairman of the 
        Council, and the Federal Environmental Executive.

SEC. 104. ADDITIONAL DUTIES OF THE CHAIRMAN OF THE COUNCIL ON 
              ENVIRONMENTAL QUALITY.

    The Chairman of the Council on Environmental Quality--
            (1)(A) shall establish a Steering Committee on 
        Strengthening Federal Environmental, Energy, and Transportation 
        Management to advise the Director of the Office of Management 
        and Budget and the Chairman of the Council on the performance 
        of their functions under this title that shall consist 
        exclusively of--
                    (i) the Federal Environmental Executive, who shall 
                chair, convene, and preside at meetings of, determine 
                the agenda of, and direct the work of, the Steering 
                Committee; and
                    (ii) the senior officials designated under section 
                103(4)(A); and
            (B) may establish subcommittees of the Steering Committee, 
        to assist it in developing its advice on particular subjects;
            (2) may, after consultation with the Director of the Office 
        of Management and Budget and the Steering Committee, issue 
        instructions to implement this title, other than instructions 
        within the authority of the Director to issue under section 
        105; and
            (3) shall administer a presidential leadership award 
        program to recognize exceptional and outstanding environmental, 
        energy, or transportation management performance and excellence 
        in agency efforts to implement this title.

SEC. 105. DUTIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND 
              BUDGET.

    In implementing the policy of this title, the Director of the 
Office of Management and Budget shall, after consultation with the 
Chairman of the Council and the Steering Committee, issue instructions 
to the heads of agencies concerning--
            (1) the periodic evaluation of agency implementation of 
        this title;
            (2) budget and appropriations matters relating to 
        implementation of this title;
            (3) implementation of section 102(4) of this title; and
            (4) amendments of the Federal Acquisition Regulation 
        necessary to implement this title.

SEC. 106. DUTIES OF THE FEDERAL ENVIRONMENTAL EXECUTIVE.

    (a) Establishment of Office.--There is established within the 
Environmental Protection Agency a Federal Environmental Office. The 
Office shall be headed by the Federal Environmental Executive, who 
shall be appointed by the President.
    (b) Duties.--The Federal Environmental Executive shall--
            (1) monitor, and advise the Chairman of the Council on, 
        performance by agencies with the requirements of sections 102 
        and 103 of this title;
            (2) submit a report to the President, through the Chairman 
        of the Council, not less often than once every 2 years, on the 
        activities of agencies to comply with the requirements of this 
        title; and
            (3) advise the Chairman of the Council on the Chairman's 
        exercise of the authority provided by section 104(3) of this 
        title.

SEC. 107. LIMITATIONS.

    (a) United States Operations.--Except as provided in subsection 
(b), this title shall apply to an agency only with respect to the 
activities, personnel, resources, and facilities of the agency that are 
located within the United States.
    (b) Foreign Operations.--
            (1) In general.--The head of an agency may provide that 
        this title shall apply in whole or in part with respect to the 
        activities, personnel, resources, and facilities of the agency 
        that are not located within the United States, if the head of 
        the agency determines that such application is in the interest 
        of the United States.
            (2) Other foreign operations.--The head of an agency shall 
        manage activities, personnel, resources, and facilities of the 
        agency that are not located within the United States, and with 
        respect to which the head of the agency has not made a 
        determination under subsection (a) of this section, in a manner 
        consistent with the policy of this title to the extent the head 
        of the agency determines practicable.

SEC. 108. EXEMPTION AUTHORITY.

    (a) Intelligence Activities.--The Director of National Intelligence 
may exempt an intelligence activity of the United States, and related 
personnel, resources, and facilities, from the provisions of this title 
to the extent the Director determines necessary to protect intelligence 
sources and methods from unauthorized disclosure.
    (b) Law Enforcement Activities.--The head of an agency may exempt 
law enforcement activities of that agency, and related personnel, 
resources, and facilities, from the provisions of this title to the 
extent the head of an agency determines necessary to protect undercover 
operations from unauthorized disclosure.
    (c) Special Purpose Vehicles.--The head of an agency may exempt law 
enforcement, protective, emergency response, or military tactical 
vehicle fleets of that agency from the provisions of this title. 
Notwithstanding any such exemption, the head of an agency shall manage 
fleets of such vehicles in a manner consistent with the policy of this 
title to the extent practicable.
    (d) Activities.--The head of an agency may submit to the President, 
through the Chairman of the Council, a request for an exemption of an 
agency activity and related personnel, resources, and facilities from 
this title.

SEC. 109. GENERAL PROVISIONS.

    (a) In General.--This title shall be implemented in a manner 
consistent with applicable law and subject to the availability of 
appropriations.
    (b) OMB Functions.--Nothing in this title shall be construed to 
impair or otherwise affect the functions of the Director of the Office 
of Management and Budget relating to budget, administrative, or 
legislative proposals.
    (c) No Right of Recourse.--This title is intended only to improve 
the internal management of the Federal Government and is not intended 
to, and does not, create any right or benefit, substantive or 
procedural, enforceable at law or in equity by a party against the 
United States, its departments, agencies, instrumentalities, entities, 
officers, employees or agents, or any other person.

SEC. 110. ENERGY EFFICIENT STANDBY POWER DEVICES.

    (a) In General.--Whenever a Federal agency purchases a commercially 
available, off-the-shelf product that uses an external standby power 
device, or that contains an internal standby power function, it shall 
purchase--
            (1) products that use no more than 1 Watt in their standby 
        power mode; or
            (2) when such a product is not available, products with the 
        lowest standby power wattage while in their standby power mode.
    (b) Limitation.--Subsection (a) applies only if compliance with its 
requirements is practicable and life-cycle cost-effective, and a 
product's utility and performance is not be compromised by compliance 
with those requirements.
    (c) Guidelines.--The Secretary of Energy, in consultation with the 
Secretary of Defense and the Administrator of the General Services 
Administration shall compile and maintain a list of products subject to 
subsection (a) and a list of products that meet the requirements of 
that subsection.

SEC. 111. PUBLIC UTILITY CONTRACTING AUTHORITY.

    Section 501(b)(1)(B) of title 40, United States Code, is amended to 
read as follows:
                    ``(B) Public utility contracts.--
                            ``(i) In general.--A contract for public 
                        utility services may be made for a period of 
                        not more than 10 years.
                            ``(ii) Renewable energy contracts.--A 
                        contract for renewable energy may be made for a 
                        period of not more than 20 years.
                            ``(iii) Definitions.--In this subparagraph:
                                    ``(I) Public utility services.--The 
                                term `public utility services' means 
                                generation, transmission, distribution, 
                                or other services directly used in
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